Citizens United v. Federal Election Commission (2010)
The Supreme Court ruled today that it is
not within the power of the United States
Constitution to regulate the speech of
corporations. What does this mean?
What it means is simple and terrifying: Welcome to the United Corporations of America. Kiss your individual voice goodbye. It no longer has any meaning or relevance in America today.
This case was about a 90 minute movie produced by Citizens United, a conservative foundation with its stated goal in restoring conservative values to American government. This move was entitled Hillary: The Movie and it was essentially one long anti-Hillary attack ad aimed at defeating Hillary Clinton's bid for President. Citizen's United wanted to air their movie on Pay-Per-View channels on the eve of the Democratic primary in the hope that it would derail her candidacy. The Federal Election Commission stepped in and said no. Since the movie was essentially a political ad, it should be regulated as such. Because federal law prohibits the running of corporate sponsored ads on the eve of elections, the movie could not be placed on the pay as you go channels. Citizen's United sued stating that it's free speech rights were violated.
OK, here is where common sense goes completely out the window. This new decision states that corporations and unions have the same First Amendment free speech rights as American individual citizens. Think about that for a minute. THE SAME free speech rights as THE INDIVIDUAL. Because corporations have these rights, the FCC cannot regulate them just as they cannot regulate my rights or your rights. HUH????? Even worse, this decision now states that because corporations and unions now have individual free speech rights, the federal government may not regulate spending on political campaigns. Yup. Corporate America can now spend whatever they want on electing whom ever they like or defeating whom ever they fear. Do you know of any individual with more money to burn on buying politicians than corporations? Oprah? No. Bill Gates? Nope. They have a drop in the bucket next to the billions and trillions that are sitting in corporate coffers right now. If even they can't compete, how the hell can you or I?
One of the things that just sends me into orbit about this case is how a simple question about a political movie got hijacked into a question on all federal legislation regulating corporate money into politics. I don't think that this case was about that, but who cares? The 5 member majority has been itching to change these laws and somehow took this opportunity to change it out of hand. Never mind 2 previous Supreme Court decisions upholding the right of such regulation. Never mind 63 years of laws passed by Congress. These same 5- Kennedy, Roberts, Alito, Scalia and Thomas are the same 5 who hijacked our election and silenced our voices and votes in 2000 by giving the Presidency to Bush. Coincidence? I think not. These same 5 have repeatedly attacked the "liberal" court for overturning precedent and ignoring the will of the legislature. Shoe looks better on a conservative foot apparently.
Three cases in point to put this in some sort of perspective. Microsoft was just enmeshed in the largest Antitrust suit in American history and came out on the losing side. It was found that Microsoft was killing their competitors and creating a virtual monopoly with their Windows software integrated into all PCs put out on the market. Now Microsoft can fund any candidate it wants with no limitation. Poof. There goes the antitrust decision. Don't like what the federal regulators have to say? Don't worry, we can now buy our way out of any sticky situation. Think of what this means. Walmart not treating their workers right? Polluting the environment? Underselling the competition? Price Fixing? Putting labor unions out of business? Creating third world sweat shops? Poof. Elect the "someones" on the side of the largest retail giant in the world. Exxon spilling oil again? Fixing oil prices? Poof. Elect the "someones" who will turn a blind eye. Let them drill where ever and whenever they can. Gas at $10.00 a gallon? Too bad. It's what the market can bear. Free markets for all!
If you think I am overestimating the power of buying elections, think again. We are not just talking about buying ads to sway voters. Sure, the majority of political ads badly skew the truth, oversimplify and generally make fools of all who enter the political process. No, we are talking about corruption pure and simple. Now votes can be bought. Don't want to play ball? Madame Senator, Honorable Congressman, you will now face a flood of attack ads, scandal mongering and special interest pressure that make the last 50 years of politics look like a dress rehearsal. Welcome the Robber Barons into the haloed chambers of Congress, because they are a comin'.
Beyond all of this, think of what this means just in terms of where where were are headed. If corporations have the same First Amendment Rights as American individuals, where does it stop? They corporations must have the same right to privacy. Poof. No more federal regulation at all. They are then taxed without representation. Poof. The right to vote. One vote for each shareholder. No more corporate taxation. They must have the same right to bear arms. Poof. Each corporate office is now armed to the teeth. Does the image of Big Brother and 1984 ring any bells?!?
This decision is an absolute abomination. Everything that the United States Constitution stands for has been perverted for the sake of corporate greed. Oh, sorry, the conservative agenda calls it "freedom of the marketplace." This is not freedom of the marketplace. This is the first and absolutely terrifying step toward corporations running our country. Have we not seen that the marketplace does not care about the individual? Has not the greed and corruption of a minimally regulated Wall Street proven that? Are there not enough people who have lost their jobs, homes and all their money proven that? I am quite sure that it is not just the liberals who have been hit hard by the tanking of our economy. The color of greed is not red or blue, it is as as colorblind as life and death itself.
Why are their not people rioting in the streets right now?! Complacency be damned! I honestly do not think that the average American has any idea what Pandora's Box of horrors has been opened today. I am sick with rage! I am sick with fear. The founding fathers could not have envisioned such a perversion of the sanctity of the HUMAN individual. The weakening of the necessary power from the federal government to regulate corporate America by those sworn to uphold our Constitution and its values is also extremely distressing. If there is no government to stand up to corporations, who will? The individual? Ask your average Walmart worker how powerful he or she feels and you will get your answer.
If you are not yet completely and utterly pissed off, you clearly are not paying attention.
2 comments:
I agree with everything you say. I just don't see how this means that corporations will not have any government regulation. Does that mean they are free to break laws that previously held them to the carpet?
No, what I mean to say is that it is now a scary, slippery slope. Right now they can spend anything they want on political speech. Step One. They will move on to steps 2, 3 & 4 when they get people elected who believe that the federal government should play little or no role in regulating the flow of commerce.
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