The ‘Citizens United’ Decision and Why it Matters

John Dunbar
Published: Friday 19 October 2012
“In a nutshell, the high court’s 5-4 decision said that it is OK for corporations and labor unions to spend as much as they want to convince people to vote for or against a candidate.”
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By now most folks know that the U.S. Supreme Court did something that changed how money can be spent in elections and by whom, but what happened and why should you care?

The Citizens United ruling, released in January 2010, tossed out the corporate and union ban on making independent expenditures and financing electioneering communications. It gave corporations and unions the green light to spend unlimited sums on ads and other political tools, calling for the election or defeat of individual candidates.

In a nutshell, the high court’s 5-4 decision said that it is OK for corporations and labor unions to spend as much as they want to convince people to vote for or against a candidate.

The decision did not affect contributions. It is still illegal for companies and labor unions to give money directly to candidates for federal office. The court said that because these funds were not being spent in coordination with a campaign, they “do not give rise to corruption or the appearance of corruption.”

So if the decision was about spending, why has so much been written about contributions? Like seven and eight-figure donations from people like casino magnate and billionaire Sheldon Adelson who, with his family, has given about $40 million to so-called “super PACs,” formed in the wake of the decision?

For that, we need to look at another court case — SpeechNow.org v. FEC. The lower-court case used the Citizens United case as precedent when it said that limits on contributions to groups that make independent expenditures are unconstitutional.

And that’s what led to the creation of the super PACs, which act as shadow political parties. They accept unlimited donations from billionaires, corporations and unions and use it to buy advertising, most of it negative.

The Supreme Court kept limits on disclosure in place, and super PACs are required to report regularly on who their donors are. The same can’t be said for “social welfare” groups and some other nonprofits, like business leagues.

These groups can function the same way as super PACs, so long as election activity is not their primary activity. But unlike the super PACs, nonprofits do not report who funds them. That’s disturbing to those who favor transparency in elections. An attempt by Congress to pass a law requiring disclosure was blocked by Republican lawmakers.

The Citizens United decision was surprising given the sensitivity regarding corporate and union money being used to influence a federal election. Congress first banned corporations from funding federal campaigns in 1907 with the Tillman Act. In 1947, the Taft-Hartley Act extended the ban to labor unions. But the laws were weak and tough to enforce.

It wasn’t until 1971 that Congress got serious and passed the Federal Election Campaign Act, which required the full reporting of campaign contributions and expenditures. It limited spending on media advertisements. But that portion of the law was ruled unconstitutional — and that actually opened the door for the Citizens United decision.

Spending is speech, and is therefore protected by the Constitution — even if the speaker is a corporation.

So far in the 2011-2012 election cycle, super PACs have spent $378 million, while non-disclosing nonprofits have spent $171 million, at times praising, but mostly badmouthing candidates, according to figures compiled by the Center for Responsive Politics.



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12 comments on "The ‘Citizens United’ Decision and Why it Matters"

Leddy Smith

October 22, 2012 12:07pm

This piece of legislation opened the door for the 1% to control our elections and own our politicians. Regardless of your political persuasion you should be "madder than hell" about it, and it's results, unless to are happy about being owned by the 1%.
They will allow you to feed at their trough at their pleasure.

SaulT

October 20, 2012 2:55pm

It matters because it extended the "legal fiction of the corporate person" to voting.

It enshrines group "rights" at the direct expense of real, individual human ones.

When groups have rights, all individuals are immediately enslaved to might makes right.

clefman

October 19, 2012 9:50pm

The Citizen's United decision was obscene. Clearly the miasma rampant in Foggy Bottom that has so infected the Congress has made its way into the Supremes. I won't demean the court by accusing them of selling out. We've seen how impaired the faculties become among those who are ostensibly chosen to represent us and seem forget that small detail. It must be Radon gas, or Swamp gas, or Big Oil seepage. Does money give off a gas?

Grandma in WA

October 19, 2012 7:46pm

The following was sent to Catholics In Alliance on 10-10-2012:
By the grace of God if you really want to support Social Justice please review the SignOn.org petition below and get as many more people to sign it as you can. The whole world knows that U.S. big powerful and rich corporations plus some individual billionaires are in control of the leaders in our U.S. House of Representatives and our U.S. Senate. These people that are in control care not about the needy in our country. If you say to them, "the not so broken have to help the broken" they will laugh at you. If you say to them that "the people who have enough have to help the people that have nothing because that is what our country is about", they will laugh at you. They have no morals or ethics and do not even recognize the word "compassion".

http://signon.org/sign/take-money-out-of-politics - click on or copy and paste it into your browser. The justification for this action is included for anyone's review. It has not been around very long and already there are over 450 signed from all over the United States.

JoeWeinstein

October 19, 2012 4:04pm

In this country democracy has nothing to do with elections. The elections choose a long-term oligarchy of decision-makers. Whether the elections are costly or costless, the result will be the same: all decision power vested in a few for a long period. Corruption and the incentive to it owes not to election costs but to this power of political oligarchs to make decision after decision after decision, with little or no effective ability of ordinary citizens to contest the decisions. With de facto impunity, these oligarchs can sell out their decision power to highest bidders. Corruption - buying this power - can pay, because just a few oligarchs need be bought in order to gain a host of profitable decisions.

So corruption cannot be ended by simply making elections costless, or by forbidding contributions of one kind or another. Corrupters can always find excuses and pathways for paying off the oligarchs, directly or otherwise. [Campaign expenses are moreover a basically phony excuse. Genuine campaigning - bringing your thoughts and plans to thousands and even millions of people - does not have to cost much in these Internet days.]

To end corruption, we must end oligarchy. Public-policy decision-making power has to be de-concentrated from a career oligarchy and be given over to many ordinary citizens, each doing a manageable short-term bit of public service by serving on a decision team.

SaulT

October 20, 2012 2:57pm

Well said, and the first and most basic oligarchy we can end is the party system: let's just FIX DEMOCRACY! Here's how: If we just hold 2 quick, back-to-back elections each time (the first, as usual, to hire the worker's pool of our Public SERVANTS from our districts, and the second where WE ALL appoint them DIRECTLY to their cabinet portfolio positions) then we eliminate their self-interested conflicts of loyalty-dividing political "parties," (which always only "party" at our direct expense, anyway,) forever!

;-)

Grandma in WA

October 19, 2012 7:40pm

I believe that there is more than sufficient evidence that corporations and individuals with massive amounts of money have purchased control of the leaders in our US House of Representatives and US Senate. So it is impossible to pass legislation that favors the middle class. It is a situation of "he who has the gold makes the rule!" The only way to change this plutocratic form of government is to take the money (gold) out of politics. The only way this can be done is by an Amendment to our US Constitution. Please everybody click on or paste into your browser - http://signon.org/sign/take-money-out-of-politics. Join over 457 concerned people from all over the United States that just recently signed.

Jeff Epton

October 19, 2012 1:02pm

I finished reading John Grisham's "The Appeal" a few days ago and have been thinking about the Citizens United decision ever since. And how dangerous a Romney victory would be for our democracy. Grisham's book isn't about Citizens United; it's actually about the covert flow of money into campaigns designed to elect state judges who are friendly to corporate goals. But it's all connected and democratic principles and values are being successfully subverted by corporate and elite interests who have no commitment to democracy. I don't know what the strategy ought to be to reverse our losses, but the left needs to launch a continuing campaign against money in politics, covert, overt, legal and illegal.

Grandma in WA

October 19, 2012 7:37pm

I believe that there is more than sufficient evidence that corporations and individuals with massive amounts of money have purchased control of the leaders in our US House of Representatives and US Senate. So it is impossible to pass legislation that favors the middle class. It is a situation of "he who has the gold makes the rule!" The only way to change this plutocratic form of government is to take the money (gold) out of politics. The only way this can be done is by an Amendment to our US Constitution. Please everybody click on or paste into your browser - http://signon.org/sign/take-money-out-of-politics. Join over 457 concerned people from all over the United States that just recently signed.

BozoAdult

October 19, 2012 12:27pm

I don't need convincing. Citizens United was a horrible decision.

Grandma in WA

October 19, 2012 7:38pm

I believe that there is more than sufficient evidence that corporations and individuals with massive amounts of money have purchased control of the leaders in our US House of Representatives and US Senate. So it is impossible to pass legislation that favors the middle class. It is a situation of "he who has the gold makes the rule!" The only way to change this plutocratic form of government is to take the money (gold) out of politics. The only way this can be done is by an Amendment to our US Constitution. Please everybody click on or paste into your browser - http://signon.org/sign/take-money-out-of-politics. Join over 457 concerned people from all over the United States that just recently signed.

William Bednarz

October 19, 2012 12:01pm

Brought to you by SCOTUS . . . the same as the appointment of George Bush to the Presidency of the United States........ - - justice??? ....appointed for life.....final say........