The United States Vs. The Federal Election Commission

Corporate advantage is often times very controversial in government, from funding candidates with money, to swaying the mind of the voters, to making PACs and superPACs; this topic is not at rest with the F.E.C. or other government programs or agencies. In this case we see “Citizens United” ,a special interest group, fight with the F.E.C. about this advantage and the right to set restrictions on spending money for the purpose of engaging in political speech. In a 5-4 decision, Some may think that the court ruled correctly on corporate expenditures ; yet lots of people think that this advantage is corrupt, here’s why.

The First Amendment has been one of the most controversial issues surrounding the Constitutions since its ratification in 1787. The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Many people disagree on the extent of power the First Amendment actually has on the right to free speech. One of the most controversial issues surrounding the First Amendment is how much influence a company can have over elections and

The presidential election of 2000 is the most controversial election in US history and led to a Supreme Court case between the two candidates, George W. Bush and Al Gore. Bush v. Gore has forever tainted the election and the integrity of the Supreme Court.

The issue of campaign financing was argued again more recently in the Supreme Court case, Citizens United v FEC. In this case the Citizens United conservative non-profit argued that an ad for the movie Fahrenheit 9/11 was critical of George Bush and therefore the commercial was a campaigning ad funded by an outside group within sixty days of the general election. Citizens United argued the ad was illegal according to the Bipartisan Campaign Reform Act (BCRA) passed in 2002 that stated no electioneering committee could fund an ad 60 days before an election. Citizens United believed Fahrenheit 9/11 was critical of Bush’s response to 9/11 and therefore was an ad for the opposing candidate Al Gore. The Supreme Court decided that if a company wants to use their money to campaign, since money is an expression of speech, there cannot be any law limiting when you can express your views politically. The court determined that the portions of FECA and BCRA related to restrictions on corporate and labor union spending was unconstitutional as it prohibited free speech. Citizens United reaffirmed the president set by Buckley vs. Valeo that money is

In this Supreme Court 5-4 decision, the Court states that the First Amendment protects corporate and union funding of independent political broadcasts in elections. The First Amendment states that “Congress shall make no law ... abridging the freedom of speech.” Or as the Court says, the

Federal Election Commission 558 U.S. 310 distinguished the Bethel School District v. Fraser ruling. The case dealt with the regulations of campaign advertising produced by an organization. In the early months of 2008, The Citizens Untied Corporation released a documentary about why Hillary Clinton would make a good president. The corporation’s plan was to make the documentary accessible 30 days before the primary election. The Bipartisan Campaign Reform Act however prohibits corporations from producing advertisements that advocates for or against a candidate 60 days prior to an election or 30 days prior to a primary election. The question at hand in this case was whether the BCRA violated the organization’s First Amendment. The Supreme Court reversed the District Court’s decision on the constitutionality of the BCRA’s restrictions. The high court decided that the law limited what people could say and when they would say it in regards to the election. It also ruled that the Federal Law conflicted with the U.S. Constitution. The court however, upheld certain requirements for public disclosure by means of advertisements. The court distinguished the Bethel School District v. Fraser ruling when they “upheld a narrow class of speech that operates to the disadvantage of certain persons” (Citizens United v. Federal Election Commission 558 U.S.

The demons of a misinterpreted judicial review have corrupted the legislature, the courts, and our political process. In 2010, the Supreme Court struck down the McCain-Feingold Act as unconstitutional. The landmark Citizens United v Federal Elections Commission decision ruled that political spending is a form of free speech and corporations have license to contribute exorbitant amounts to politicians. Citizens United ensures denies the voices of citizens as representatives are beholden to outside interests rather than their constituency. I, Justice John B. Gibson, hold that the power of judicial review is too widely interpreted and, to keep government officials accountable, must be vested in the masses to rediscover some twinge of our once budding representative democracy.

Campaign Finance reform has been a topic of interest throughout the history of the United States Government, especially in the more recent decades. There are arguments on both sides of the issue. Proponents of campaign finance limits argue that wealthy donors and corporations hold too much power in elections and as a result they can corrupt campaigns. Those who favor less regulation argue that campaign donations are a form of free speech. One case in particular, Citizens United vs. The Federal Election Commission has altered everything with pertaining to Campaign Finance.

In the 2012 Presidential election, the majority of outside spending was a result of the Citizens United decision1. The unique increase of money translated into an increase in television ads, radio ads, and direct mailings. Unfortunately, the large increase in political rhetoric caused a move to political extremes rivaling those at the end of the Civil War2. It explains that micro-targeting of advertising allowed corporations and Super PACS to create echo chambers, where only points of view in agreement with the audience were expressed. Polarization was an issue before the Citizens United ruling, but the unique increase in rhetoric caused the “worst polarization in 120 years.

“All contributions by corporations to any political committee or for any political purpose should be forbidden by law” This quote from Theodore Roosevelt illustrates how corporate money can be disastrous when involved in election cycles. Unfortunately, this is not the case. The Supreme Court decided in Citizens United v. Federal Election Commission that companies and Super PAC’s could donate unlimited amount of money to support candidates. The Citizens United ruling has caused increased political corruption in the United States by giving candidates the money they need to win an election while changing policies that would be beneficial to the company.

“Justice Anthony M. Kennedy wrote for the majority joined by Chief Justice John G. Roberts and Justices Antonin G. Scalia, Samuel A. Alito, and Clarence Thomas. Justice John Paul Stevens dissented, joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor” (2). The majority supported their decision by stating that corporation donations to a candidate election is a method of free speech, which means it must be protected by the First Amendment. On the other hand, those disagreeing with this stance viewed corporations as businesses, rather than people, and believed that having no regulations and limits on contributions would cause the voices of individuals with average means to be drowned out by the money donated by major corporations. The protection given to corporations by the First Amendment basically meant that corporations were seen as people, rather than as businesses. Additionally, the majority also ruled that the disclosure requirements set by the McCain-Feingold Act were constitutional for the movie because there is “governmental interest in providing the electorate with information about election-related spending resources” (3). Despite all the changes made regarding financial contributions towards candidates, the ban on direct financial donations and aids to candidates from corporations was upheld by the Court.

Furthermore, they must disclose that the candidate of which the advertising is about does not condone the message ("Citizens United versus Federal Election Commission."). The Supreme Court struck down the law, thus essentially allowing unlimited funding of candidates from corporations. The unrestricted access that campaigns have when funding grants legal impairment of those who are unable to donate money as a corporation would, thus making the votes of the people matter less.

1. In 2010, the case “Citizens United Vs. FEC was brought to the attention of the

The idea of money in politics has always been a polarizing issue. For over one hundred years the discussion of individuals and corporations financing campaigns has led to a debate of corruption versus free speech. Is money in politics a corrupting influence that always leads to quid pro quo? Or, is it an issue of allowing individuals to use their money as an extension of their freedom of speech? Recently, campaign finance reform has been a very dynamic issue. With the last major supreme court case Citizens United v. FEC, money in politics has taken a significant turn from the status quo. With only seven years after the Citizens United ruling we can already see the effects of less regulated free speech in politics.

Due to the Citizens United vs. the FEC ruling, super PACs now decide who runs for office. Essentially weakening the American peoples right to true representation, and causing unlikely presidential candidates to rise.