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The Supreme Court just struck a major blow against our democracy.
In a ruling that has major implications for how elections are funded, the Supreme Court has struck down a key campaign-finance restriction that bars corporations and unions from pouring money into political ads.
The long-awaited 5-4 ruling, in the Citizens United v. FEC case, presents advocates of regulation with a major challenge in limiting the flow of corporate money into campaigns, and potentially opens the door for unrestricted amounts of corporate money to flow into American politics.
The vast majority of the the American people are already the equivalent of easily led cattle in a corral. The impending dump of billions of dollars into specifically targeted campaign-style ads will inevitably lead to more corrupt, corporatist lapdogs in Congress. This doesn’t bode well for us…
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The United States of America, Inc.
pretty much
One need not have any love for corporatism (or corporate personhood and limited liability) in order to applaud this restoration of free speech.
If there's a need to revise corporate law (and I certainly think there is) then let's set out to do so. But limiting any organization's right to political speech should never, ever be tolerated.
as a lawyer I can assure you that the only "law" that pertains to this issue was the precedent that the Supremes just overturned! this was judicial activism of the highest order. i'm sure conservatives are therefore pissed at this despicable action of black-robed activist judges…. right…..
" It is time for everyone to drop all the talk about the Roberts court's "judicial minimalism," with Chief Justice Roberts as an "umpire" who just calls balls and strikes. Make no mistake, this is an activist court that is well on its way to recrafting constitutional law in its image. The best example of that is this morning's transformative opinion in Citizens United v. FEC. Today the court struck down decades-old limits on corporate and union spending in elections (including judicial elections) and opened up our political system to a money free-for-all. [...]
What is so striking today is how avoidable this political tsunami was. The court has long adhered to a doctrine of "constitutional avoidance," by which it avoids deciding tough constitutional questions when there is a plausible way to make a narrower ruling based on a plain old statute…. What we have in Citizens United is anti-avoidance. Kennedy's majority had to go out and grab this one." http://www.slate.com/id/2242209/
Laws that were created during the progressive era of Teddy Roosevelt, sure. Laws that I have always considered a violation of free speech and free association as granted by the First Amendment. I am glad to see the court recognize this.
well, i won't get into a protracted thing about what the law used to say before this case (because people just don't listen to me when I put it out there), but the "law" i was referring to was precedent laid down by the supreme court, not a statute. the supremes engaged in an act of judicial activism and overruled themselves
Judicial activism is an empty phrase, code for "a ruling I don't like or disagree with". It's no more valid a complaint here than it was in Iowa.
The progressive era is when this started--there's been a mix of statutes and rulings over the years, certainly.
In particular, this ruling ends a 20-year ban on businesses using money from their own funds to pay for campaign ads. I find such a ban to be untenable under the First Amendment. If the precedents supporting it went back 100 years, then that is 100 years of error.
Do you apply the same complaint about precedent and "judicial activism" to sodomy law pre-Lawrence, civil rights law pre-Brown, and abortion law pre-Roe?
I didn't think so.
(for what it's worth, much as I like the end result of Roe, I think the constitutional logic behind it is far weaker and more shaky--one might even say 'tortured'--than this Citizens United ruling.)
your formulation of judicial activism is too simplistic. of course Brown and Lawrence and Roe were judicial activism. the problem with the term in modern times is that people on one side are unwilling to recognize that some decisions that go their way are also judicial activism. The technical (non-partisan) definition of judicial activism is generally when a court ignores prior precedent and, especially, the will of the people expressed through their representatives in Congress and creates new policy (i.e., "law" when the Supremes do it)
Here's a good summary from Wikipedia:
"Judicial activism" is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning.
Bradley Canon posited six dimensions along which judge courts may be perceived as activist:
* Majoritarianism — This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned.
* Interpretive stability — This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations.
* Interpretive fidelity — This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. (See also Judicial interpretation)
* Substance/democratic process — This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process.
* Specificity of policy — This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies.
* Availability of an alternate policymaker — This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies.[1]
Right, so there's a lot of judicial activism out there--in particular rulings that overturn precedents--and this is not a problem.
well that's a particularly reductionist way to look at it. there is good judicial activism and bad judicial activism. i agree with former Chief Justice Rehnquist in thinking that this is bad judicial activism.
"Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is 'to confuse metaphor with reality.' Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good." http://www.slate.com/id/2242208/
Oh noes, those greedy corporations are feeling good! Horror of horrors! We're DOOOOMED….
To the substantive point: there is nothing metaphorical here. Individuals have free speech, and groups of individuals have the freedom to associate and have the same free speech. Some of these associations may fit the legal definition of a corporation, others may not. Regardless, they have freedom of speech.
Now if you want to argue that for political ads folks need to stand in front of a camera and say "I'm the CEO of Megacorp and I approve this message.", or "I'm the President of the AFL-CIO and I approve this message", you can make a case for it adding transparency. My understanding is that Justice Kennedy was keen on this idea.
oh well, like i assumed, my little nuggets of wisdom from the land of the law went unheeded.
suffice it to say that the boundaries of "corporate personhood" rest upon a truly gigantic body of common law, made by courts (including the Supreme court) over hundreds of years.
your appealingly common-sense, yet hopelessly naive, notion of how lovely, simple and non-metaphorical this all is just flat-out wrong and uninformed. legal scholars, the judiciary and the legislatures of our country have wrestled with the question of what qualities "corporate personhood" takes on for scores of decades. i find your dismissal of the immense legal history of this issue to be somewhat out of character for you.
p.s. now officially tired of engaging on this topic.
Corporate personhood and associated law are complex, no doubt. I'm not happy with the state of it, though my understanding of it all is limited.
But that doesn't trump the First Amendment, and the Citizens United ruling isn't particular to corporations or corporate personhood. It applies to all associations--like the small group of citizens who were plaintiffs in this case.
argh. not going to engage in this any more because it just ain't productive but the fundamental point of how specifically the first amendment applies to corporations and associations has been the subject of thousands of cases over our country's history. your blasé conclusion of "they have freedom of speech" isn't the simple, easily discerned truth that you make it out to be.
seacrest out (to sleep doctor)
I guess I'm free speech zealot, because "associations ought to have freedom of speech" is axiomatic to me.
why dont you just admit you like this because it benefits right wing corporatist candidates? dont beat around the bush :P
"Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is 'to confuse metaphor with reality.' Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good." http://www.slate.com/id/2242208/
So few, yet so freely and financially able to sway so many…
Did you see the response of the justices after Obama's comment during the address?