Citizens United

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Plissken
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Citizens United

Post by Plissken »

Did we do this one yet?
Justices, 5-4, Reject Corporate Spending Limit
By ADAM LIPTAK
Published: January 21, 2010

WASHINGTON — Overruling two important precedents about the First Amendment rights of corporations, a bitterly divided Supreme Court on Thursday ruled that the government may not ban political spending by corporations in candidate elections.

The 5-to-4 decision was a vindication, the majority said, of the First Amendment’s most basic free speech principle — that the government has no business regulating political speech. The dissenters said that allowing corporate money to flood the political marketplace would corrupt democracy.

The ruling represented a sharp doctrinal shift, and it will have major political and practical consequences. Specialists in campaign finance law said they expected the decision to reshape the way elections were conducted. Though the decision does not directly address them, its logic also applies to the labor unions that are often at political odds with big business.

The decision will be felt most immediately in the coming midterm elections, given that it comes just two days after Democrats lost a filibuster-proof majority in the Senate and as popular discontent over government bailouts and corporate bonuses continues to boil.

President Obama called it “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.”

www.nytimes.com/2010/01/22/us/politics/22scotus.html
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Cail
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Post by Cail »

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." - PJ O'Rourke
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"Men and women range themselves into three classes or orders of intelligence; you can tell the lowest class by their habit of always talking about persons; the next by the fact that their habit is always to converse about things; the highest by their preference for the discussion of ideas." - Charles Stewart
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"I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." - James Madison
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Plissken
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Post by Plissken »

Aw, hell. Where'd we end up?
“If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.”
-- James Madison

"If you're going to tell people the truth, you'd better make them laugh. Otherwise they'll kill you." - George Bernard Shaw
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sindatur
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Post by sindatur »

Plissken wrote:Aw, hell. Where'd we end up?
The Dems lost the mid-term election because of it ;)
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Post by Cail »

Can't buy you love
Two months ago, The New York Times reported that "Democratic officials" believed "corporate interests, newly emboldened by regulatory changes," were trying to "buy the election." But it turned out the election was not for sale—at least, not to the highest bidder.

According to data collected by the Center for Responsive Politics, Democrats and Republicans each shelled out $1.6 billion during this election cycle, including spending by candidates, parties, party committees, and independent groups. In terms of spending, the two parties were evenly matched. But that is not how it looked on election night.

A closer look provides further evidence that Republicans did not win by outspending their opponents. They got substantially more votes in House races, where they spent less than Democrats yet picked up more than 60 seats (and control of the chamber), than they did in Senate races, where they spent more than Democrats and added half a dozen seats.

The squandered money included $46 million that Linda McMahon, the Republican Senate candidate in Connecticut, spent out of her personal funds, which amounted to nearly $100 for each vote she received. She lost by 12 points. Less dramatically, John Raese, the Republican running for a Senate seat in West Virginia, spent $4.6 million of his own money ($20 per vote) and lost by 10 points.

But this year's poster child for the lesson that money can't buy you love is former eBay CEO Meg Whitman, who blew $140 million of her own money ($45 per vote) in her race for California governor against Democrat Jerry Brown, who won by 12 points. Also in California, a marijuana legalization initiative got more votes than Whitman but still lost by eight points, even though its supporters outspent its opponents by 10 to 1.

At the other end of the spending spectrum, Slate's Dave Weigel identified five House races in which extremely thrifty Republicans beat well-funded incumbents after raising far less than the $1 million that is commonly accepted as the threshold for a serious congressional campaign. Four of those Republicans also benefited from significant independent spending, ranging from about $200,000 to almost $1 million.

Analyses by The New York Times and The Wall Street Journal found that independent spending helped Republicans mainly by eroding (but not erasing) the financial advantage enjoyed by incumbents—whose re-election rate, even in this year of supposedly sweeping change, was still about 85 percent. Still, the role played by "shadowy groups with harmless-sounding names," as President Obama describes organizations such as the U.S. Chamber of Commerce and Karl Rove's American Crossroads, should not be exaggerated. Money from independent groups, including those favoring Democrats as well as Republicans, came to about $293 million, less than one-tenth of the total.

The amount of independent spending was more than in any previous midterm year and nearly as much as in the last presidential election. But in a different political environment—one in which Democrats were less vulnerable and Republicans had less of a shot at seizing control of Congress—the impact of this spending might not even have been noticed. In a different political environment, of course, the money probably would not have been raised to begin with.

That consideration also makes it hard to evaluate the impact of Citizens United v. FEC, the January decision in which the Supreme Court dismayed Obama and other Democrats by overturning restrictions on the political speech of unions and corporations. Some of this year's ads—for example, messages sponsored by unions or nonprofit interest groups that amounted to "express advocacy" or its "functional equivalent"—would have been illegal prior to Citizens United. But much of the money that paid for those messages might otherwise have gone to groups that were already allowed to run campaign ads.

Money clearly matters in politics, because speech cannot travel very far without it. But as disastrously unsuccessful big spenders such as McMahon and Whitman vividly demonstrate, the ability to reach a wide audience does not guarantee that you will persuade anyone.
"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." - PJ O'Rourke
_____________
"Men and women range themselves into three classes or orders of intelligence; you can tell the lowest class by their habit of always talking about persons; the next by the fact that their habit is always to converse about things; the highest by their preference for the discussion of ideas." - Charles Stewart
_____________
"I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." - James Madison
_____________
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Obi-Wan Nihilo
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Post by Obi-Wan Nihilo »

At the end of the day, if you are going to incorporate democracy into your system of government (as a republic does), you are going to have to trust individual voters to evaluate the issues and make an autonomous choice. As ol' Abe said, that great Republican, "You can fool all of the people some of the time, and some of the people all of the time, but you can't fool all of the people all of the time." I have a problem with the "freedom of the press" (an activity rather than an identity) being restricted to outlets that certain parties regard as being "the press."
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Re: Citizens United

Post by Avatar »

Plissken wrote:
President Obama called it “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.”
Uh, don't these guys exert their power over his government too? :lol:

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Re: Citizens United

Post by sindatur »

Avatar wrote:
Plissken wrote:
President Obama called it “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.”
Uh, don't these guys exert their power over his government too? :lol:

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Well, he did say it was a big win for them ;)
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Remember, everytime you drag someone through the mud, you're down in the mud with them

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It's about learning to dance in the rain

Where are we going...and... WHY are we in a handbasket?

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Post by Avatar »

:LOLS: Good one Sin. :D

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