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Thursday, January 21, 2010

Supreme Court Strikes Down Bans on Corporate Spending in Elections

In a dramatic special session Thursday morning, the U.S. Supreme Court by a 5-4 vote said that congressional restrictions on independent expenditures by corporations in federal elections violate the First Amendment.


Justice Anthony Kennedy announced the opinion in Citizens United v. Federal Election Commission, declaring that the ban on corporate expenditure "uses censorship to control thought" and amounts to a chill on "core political speech." Click here for the opinion.


For more than 20 minutes, Justice John Paul Stevens read from his dissent, describing the majority opinion as "a radical change in the law." Stevens said that long tradition and common sense justify treating corporations differently from individuals under the First Amendment. Stevens spoke haltingly and with emotion, summarizing his 90-page dissent.


Joining Stevens in dissent were Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor

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By a separate 8 to 1 vote, the Court did preserve the Bipartisan Campaign Reform Act's disclosure requirements as a valid restriction on corporations. Only Justice Clarence Thomas dissented on that issue.


The president of Public Citizen, Robert Weissman, said in a statement: "In eviscerating longstanding rules prohibiting corporations from using their own monies to influence elections, the court invites giant corporations to open up their treasuries to buy election outcomes. Corporations are sure to accept the invitation."


Stay tuned to The BLT: The Blog of Legal Times for more to come on the case.

21 comments:

Anonymous said...

Another huge defeat for the Democrats and Obama!!!

Bill Stanley said...

Why don't we hear about this stuff from other outlets--- "MSM"? You are covering everything anymore.. Joe, You, my friend, are in the Big Leagues. Not long before you will be replacing some of the major news channels on TV with all the scoops you get. I don't know how you get everywhere to cover this stuff, but man you are spot on. Goodbye CNN. Goodbye FOXNEWS. I'm getting my information from JOE ALBERO from now on. THANK YOU THANK YOU THANK YOU.


Bill Stanley
Richmond VA

Anonymous said...

3:37, your blind hatred for Obama has kept you from seeing that the law was created and signed well before the Obama presidency with bi-partisan support. But maybe you like Exxon Mobile buying elections.

TDP said...

Well said Bill in VA !

Anonymous said...

So now corporations will elect who they want, the average man matters even less.

Anonymous said...

not necessarily a defeat for obama, but a defeat for all of us! I irmly be3lieve campaigns should be funded by the public, with a set limit spent. otherwise, remember the golden rule! he with the gold rules!

Anonymous said...

3:37 - If you actually read ths tory you would see that this decision allows corporation and UNIONS to use unlimited amounts of money in elections. So I wouldn't call it a defeat for union backed Democrats or Union Backed Obama. Reading comprehension is key.

Anonymous said...

I'm curious to what the reaction from readers of this site will be to this ruling. As a group, you folks are generally conservative. Do you see this as a right win and a left loss thing? Most of the justices that voted for the change are considered to be right-leaning.

If that's true, may I ask why you would be excited that corporations like Exxon and ADM can purchase all the air time they want to bury a candidate that doesn't support their agenda?

Alex said...

Bill,
This story was on CNN all day long.

Anonymous said...

Chuckie Shumer said " the next election has been decided, the winners are not the dumbocrats or the Republicans, the winner is corporate America". And guess who is currently getting the most cash from Corporate america, Chuckie Shumer! Sounds like if he is so outraged, he would have given the money back. Come on November!

Concerned Retiree said...

What is the difference between Corporations, Unions, Special Interest Groups, Acorn and George Soras? Acorn and George Soras has been financing and fixing elections with their money the whole time. They never stopped. So it seems that only the Liberals and Progressive movement are complaining because now they will have competition in funding candidates in elections. They will not have free reign during elections. The playing field will now be more equal.

Anonymous said...

5:59 Did they fix the election in Mass.?

JP said...

1) this dates back to Pre-Obama, sorry people looking for another excuse to jump on the president.

2) it is not partisan. it literally affects all voters as a whole regardless of affiliation.

3) It's clearly BAD for voters and good for corporate private interests. Now anyone who is running for any office on the national level has to worry that if he/she doesn't make decisions with corporate interest in mind- they very well might face a smear campaign on the scale of which we have never seen. Even if the person has overwhelming public support and the interests of their electorate in mind.

4) the difference between corporations and unions and non profits in his case is this is the difference between the amount of money said groups have to contribute. The entire non-profit sector and Unions combined couldn't account for just one major industry, like oil or finance.

5) there are measures out congress and senate can and will take to lessen the damage this ruling has had.

TDP said...

Alex, Why can't we blow Joe's horn a little ?

Anonymous said...

This is un-American in every sense of the idea. Corporations are now treated as more important than individuals.

Anonymous said...

This is not good for anyone, Dem or Rep. It's just not good.

Anonymous said...

9:46 pm,
Said it all. This was not a good decision. Corporate America will rule this country. Jobs will be outsourced if Corporate American can not enslave their own citizens. Bad decision. Just another Bush and Chaney victory. The supreme court sucks.

Anonymous said...

Bill Stanley is either being sarcastic or really has his head up his @$$.

I'm not into anyone being able to buy elections, but atleast unions are composed of everyday citizens presumably fighting for workers' interests. Unlike corporations fighting for profit margins.

Anonymous said...

Here's the solution people; stop watching all these dumb@$$ political commercials. They are mostly full of crap! Example, the energy commercial that talks about "providing enough electricity to power x number of homes". That stat is extremely misleading (only a drop in the bucket).

Pressure your candidates to not take money from these groups. And factcheck, factcheck, factcheck. Don't be one of the dummies that fell for the Swiftboat crap.

Anonymous said...

If the administration had prosecuted A.C.O.R.N. this might not have happened .

Anonymous said...

Corporations will now control all elections. People who are blinded by Obama hate are fools for thinking this is a good thing.