CITIZENS UNITED v. FEDERAL ELECTION COMMISSION

                    CORPORATIONS GRANTED FREE SPEECH RIGHTS.
    GODZILLA, KING KONG, MEGALON, MOTHRA, AND OTHER LARGE
                                         FICTIONAL MONSTERS NEXT?


By now most of you will have heard about the Supreme Court’s 5-4 decision overruling more than a century of restrictions on political spending by corporations. (See Citizens United v. Federal Election Commission at: http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf).

The activist majority tossed more than a century of precedent and went far beyond the questions presented by the case before them, expanding the case to allow them to unleash the chained titans of the corporate world, who will now stomp the hell out of what is left of our democracy.

Fox (what a great name for this nasty little predator sneaking around in our national press henhouse) was predictably ecstatic about the decision (although that network long ago found another, very successful way to engage in nearly unlimited political advocacy while masquerading as a news outfit). Looking to the other ramparts, will "We the People" hear and heed the many and disparate voices raised in righteous anger about this fundamental change in constitutional case law?

Despair may be appropriate, but surprise would be a sign that you were not paying attention. Corporate interests have been working toward this goal for a long time and, with years of hard work and effective propaganda from the corporate shills and lackeys, this outcome was certainly predictable. This majority on the Court has now solidified and sanctified the notion that corporations are people too, with all the free speech rights of individuals, but without the responsibilities. How did these fictions (artificial persons), created specifically to shield from liability, gain the rights of those with flesh, blood, and breath? This decision is based on the fundamental fallacies that: 1) a corporation is a person; and 2) money is speech. Under the First Amendment, all people are entitled to speak freely. If corporation = person, then corporation must be allowed to speak without all but the most limited restrictions (e.g., no yelling "fire" in a crowded theater). Further, if spending money is speech, then corporations must be allowed to spend as they see fit, even if that would drown out all other speech by virtue of the corporation’s great economic advantages over the single citizen.

But as the kids say, I call bullshit! Corporations do not draw breath. They are the ultimate mental shell game. There is no there there. They exist as a magical spell to protect and enrich the most privileged individuals and to shield that de facto oligarchy from liability. If the corporation cannot pay its bills, then the executives and shareholders can walk away without individual liability (and now they can do this much more easily than individuals can in Chapter 7, thanks to corporation-friendly changes to bankruptcy laws resulting from successful lobbying by corporate shills). If corporations hurt real, living, breathing, and bleeding individuals, they can overwhelm their victims with their economic and legal advantages and, except in truly unusual circumstances, their executives and shareholders cannot be held personally liable.

If you have been following this case as it worked its way through the courts, then you know that this legal fiction of corporate personhood found its genesis in dicta (extraneous material in a legal ruling which is merely informative or explanatory, but normally has no precedential value) from an old Supreme Court case. The corporations spotted that opening and have been trying ever since to get the Court to unambiguously play Geppetto and turn their wooden carcasses to "real boy" flesh.

Bob Edgar of Common Cause stated in response to the decision:

"We have to immediately press Congress to pass the Fair Elections Now Act -- public financing of campaigns. It's the only way ordinary people can have a fighting chance that we won't be completely overwhelmed by special interests. We also must make it clear that corporations, unions, or anyone else exploiting the Roberts Court's indefensible ruling will be exposed to public scrutiny. We'll have to act fast if we want to prevent the 2010 elections from becoming a special interest-driven tragedy. With spending limits thrown out, corporations and unions could spend as much as $6 billion to directly influence the election of candidates in 2010. And that's just if they match what they spend lobbying Congress in an election cycle. As massive corporate spending goes flying into campaigns, the opportunity to make progress on critical issues like health care and energy will go flying out the window. We can't let that happen."

 

This is worse than Bush v. Gore. It could be the worst decision since Dred Scott.

In his dissent, Justice Stevens wrote:

"The Court's ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution."

He went on to say:

"In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process."

If this decision stands, then what we will have is not government of the people, by the people, and for the people. It will be government of the corporations, by the corporations, and for the corporations.

 

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