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Legal Affairs

February 20, 2010

Head-Scratchers from the Nine

The recent ruling on corporate political rights left some observers to cry the sky is falling. Some past decisions really did merit Chicken Little’s exclamation.


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It’s way too early to tell if it ranks up there among the worst decisions in Supreme Court history, but the Supremes’ recent ruling in Citizens United v. Federal Election Commission sure has plenty of people upset. The decision basically said that corporations have the same free speech rights as individuals, which means they can spend as much money as they want to make a political point.

Detractors, among them President Obama, who called out the justices in his State of the Union address for reversing “a century of law that I believe will open the floodgates for special interests … to spend without limits in our elections,” believe the ruling will further corrupt an already dirty electoral system. Proponents claim it will do nothing of the kind, that corporate power isn’t necessarily corrupting and that limiting the amount of money a corporation, or anyone, can spend to make a political point violates the spirit of the First Amendment.

Will corporate bucks subvert our democracy? Or will increased business spending on political campaigns have about as much influence as a Bud Light commercial during the Super Bowl telecast? The jury — pun intended — is still out. And in fact, when it comes to really, really bad Supreme Court decisions, this latest ruling has a long way to go to meet the standards of some cosmically awful competition.

Check out our “Cosmically Questionable Supreme Court Decisions” graphic below:

 

 

 

 

 

 

 

 

 

 

 

 

 

Dred Scott v. SanfordSanta Clara County v. Southern Pacific RailroadPlessy v. FergusonKorematsu v. United StatesBush v. Gore

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  • NeedleFactory

    I found Will Wilkinson’s article (http://tiny.cc/fqoPt) a cool-headed discussion of the Citizens United vs FEC.

    One commenter (“INTJ”) there said: “The First Amendment makes no reference to people vs. corporations. The 1st Amendment says Congress shall make no law…abridging the freedom of speech, or of the press.There is simply no way to read that that does not lead to the conclusion the Supreme Court reached.”

    I understand why some may deem the ruling “bad” (because of surmised consequences), but I do not understand how the ruling can be deemed “wrong” (as a constitutional issue).

  • Pingback: Houston Area Liberty Campaign » Blog Archive » Really crappy U S Supreme Court decisions …

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