High Court Eases Campaign Spending Limits
Justices Rule that Corporations and Unions May Spend Freely to Support or Oppose Candidates
-
(CBS/AP)
Bitterly divided, the Supreme Court ruled Thursday that big business can spend its millions to directly support or oppose candidates for president and Congress, a decision that sharply reverses a century-long trend to limit the political influence of corporations and labor unions. It remakes the political landscape just as crucial midterm election campaigns are getting under way.
The court, in a 5-4 split, overturned two earlier decisions and threw out parts of a 63-year-old law that said companies and unions can be prohibited from using money from their general treasuries to produce and run their own campaign ads. The decision threatens similar limits imposed by 24 states.
It leaves in place a prohibition on direct contributions to candidates from corporations and unions.
CBS News chief legal correspondent Jan Crawford reports that the decision will cause "major upheaval" in political campaigns going forward.
"The biggest impact may well be on the candidates -- they now are in real danger of losing control over their messages, as outside groups can dramatically outspend them," she writes in her Crossroads blog on CBSNews.com.
Critics of the stricter limits have argued that they amount to an unconstitutional restraint of free speech, and the court majority agreed.
"The censorship we now confront is vast in its reach," Justice Anthony Kennedy said in his majority opinion, joined by his four more conservative colleagues.
Strongly disagreeing, Justice John Paul Stevens said in his dissent, "The court's ruling threatens to undermine the integrity of elected institutions around the nation."
Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Stevens' dissent, parts of which he read aloud in the courtroom.
The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.
President Barack Obama condemned the decision as a victory for big oil, Wall Street banks, health insurance companies and other powerful interests.
The ruling will lead to a "stampede of special interest money in our politics," Obama said in a statement. He pledged to work with Democrats and Republicans in Congress to come up with a "forceful response" to the high court's action.
Obama Hammers Supreme Court Ruling
But Sen. Mitch McConnell of Kentucky, the Senate Republican leader who filed the first lawsuit challenging the McCain-Feingold law, praised the court for "restoring the First Amendment rights" of corporations and unions. "By previously denying this right, the government was picking winners and losers," McConnell said.
Advocates of strong campaign finance regulations have predicted that a court ruling against the limits would lead to a flood of corporate and union money in federal campaigns as early as this year's congressional elections.
"It's the Super Bowl of bad decisions," said Common Cause president Bob Edgar, a former congressman from Pennsylvania.
The opinion goes to the heart of laws dating back to the Gilded Age when Congress passed the Tillman Act in 1907 banning corporations from donating money directly to federal candidates. Though that prohibition still stands, the same can't be said for much of the century-long effort that followed to separate politics from corporate money.
The decision's most immediate effect is to permit corporate and union-sponsored political ads to run right up to the moment of an election, and to allow them to call for the election or defeat of a candidate. In presidential elections and in highly contested congressional contests, that could mean a dramatic increase in television advertising competing for time and public attention.
In the long term, corporations, their industry associations and labor unions are free to tap their treasuries to assist candidates, although the spending may not be coordinated with the candidates.
"It's going to be the Wild Wild West," said Ben Ginsberg, a Republican attorney who has represented several GOP presidential campaigns. "If corporations and unions can give unlimited amounts ... it means that the public debate is significantly changed with a lot more voices and it means that the loudest voices are going to be corporations and unions."
The case does not affect political action committees, which mushroomed after post-Watergate laws set the first limits on contributions by individuals to candidates. Corporations, unions and others may create PACs to contribute directly to candidates, but they must be funded with voluntary contributions from employees, members and other individuals, not by corporate or union treasuries.
Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas joined Kennedy to form the majority in the main part of the case.
Roberts, in a separate opinion, said that upholding the limits would have restrained "the vibrant public discourse that is at the foundation of our democracy."
Kennedy, who dissented from the rulings the court overturned Thursday, said, "No sufficient government interest justifies limits on the political speech of nonprofit or for-profit corporations."
Stevens, in a 90-page opinion that dwarfed Kennedy's, complained that the court majority overreached by throwing out earlier Supreme Court decisions that had not been at issue when this case first came to the court.
"Essentially, five justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law," Stevens said.
The case began when a conservative group, Citizens United, made a 90-minute movie that was very critical of Hillary Rodham Clinton as she sought the Democratic presidential nomination. Citizens United wanted to air ads for the anti-Clinton movie and distribute it through video-on-demand services on local cable systems during the 2008 Democratic primary campaign.
But federal courts said the movie looked and sounded like a long campaign ad, and therefore should be regulated like one.
The movie was advertised on the Internet, sold on DVD and shown in a few theaters. Campaign regulations do not apply to DVDs, theaters or the Internet.
The court first heard arguments in March, then asked for another round of arguments about whether corporations and unions should be treated differently from individuals when it comes to campaign spending.
The justices convened in a special argument session in September, Sotomayor's first. The conservative justices gave every indication then that they were prepared to take the steps they did on Thursday.
The justices, with only Thomas in dissent, did uphold McCain-Feingold requirements that anyone spending money on political ads must disclose the names of contributors. The justices filed five separate opinions totaling 176 pages.
©MMX, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
- retiredgustav
LOL LOL LOL
...where the most Powerfuls can suppress the weakest in terms of Money. Government Corruption is now Legal! Drug Lords must love this decision. - Reply to this comment
- [The court, in a 5-4 split, overturned two earlier decisions and threw out parts of a 63-year-old law that said companies and unions can be prohibited from using money from their general treasuries to produce and run their own campaign ads. The decision threatens similar limits imposed by 24 states]
maybe someday we'll be able to overturn their appointments and throw out all the 63+ year old justices ... and start all over. - Reply to this comment
- At election time I get one vote.So does the CEO of Mega Corp.But also the CEO is sending 30 lobbists to Washington 24/7.I can't personally be there to watch my Reps constantly.
Pdxdave- Incorporation is not a"PERSON" it is a veil and shield to protect the owner from liability.
by pdxdave January 21, 2010 2:37 PM EST
"Pdxdave- Incorporation is not a"PERSON" it is a veil and shield to protect the owner from liability."
The Supreme Court disagrees. At least insofar as freedom of speech, a corporation is a "person." As it should be.
They pay income taxes - like a person. They can own property and sue and be sued - as a person. The have many of the responsibilities of a person, and they have some of the rights of a person. Among them is the right to free speech.
The left wants to limit speech based on their "hate index." - Reply to this comment
- by pdxdave January 21, 2010 3:20 PM EST
Stop your hysterics. Until recently, corporation had free speech rights, and the doomsday scenario you hysterically paint didn't exist. It was recent campaign finance laws that took those rights away.
[][][][][][][][][]
Exhibit A : our current Deregulated and Unrestricted economy. - Reply to this comment
- Gotta love righties...permitting corporations to seek political agendas with advertising is just guaranteeing them their free speech, the righties say.
Even when those corporations can afford to buy up every millisecond of airtime between now and when hell freezes over, completely evading equal time laws and leaving no opportunity - no freedom - for the speech of entities or individuals who do not have the wealth available to a corporation, why they're just protecting free speech!!!
Unless the American people wake up and do something about it, this is the beginning of the end; the transformation of America from a nation into merely a geographical location demarcated by the fact that here wealth buys rights and representation.
It is simultaneously shameful and disgusting; the democracy of George Washington and Thomas Jefferson, replaced with a banana republic - the utopia of the right.
Should the right continue their streak of victories over the American people, I doubt not that we will see civil war within a generation. - Reply to this comment
-
- Stop your hysterics. Until recently, corporation had free speech rights, and the doomsday scenario you hysterically paint didn't exist. It was recent campaign finance laws that took those rights away.
- by endurorob_5 January 21, 2010 2:43 PM EST
What really makes me chuckle here is that i know some on here who appose this decision as being a part of free speach have no problem using the equal protections clause to justify socialized health care and gay marriage. Just funny.
[][][][][][][][][][]
yes, but that equal protection is for the individual, not a paper entity.
By the way, you should be 100 percent behind those seeking these equal protections as individual citizens of this nation. - Reply to this comment
- by pdxdave January 21, 2010 2:59 PM EST
"I dont think you understand the distinction between an individual and a corporation. A corporation should not have the rights of an individual."
The supreme court disagrees, at least insofar as freedom of speech goes.
If one corporation has no free speech rights, then neither does the NY Times or CBS News. You can't selectively remove the freedom of speech from some because you don't like what they say. Nazi.
[][][][][][][][][][]
I reiterate, the media does have restrictions on "free speech" via media consolidation regulation that are enforced by the FCC.
Wallmart can establish WallNews if they like, but they can not own every TV, Radio and News Paper in a given region. So, they do have limits on freedom of speech.
Unfortunately, the Supreme court says there are no monetary restrictions on speech, that money should dictate the messages' reach and breadth. But like a parent sending mixed messages, there are restrictions on that message via media consolidation regulations.
Are you for removing these restriction on media consolidation too? - Reply to this comment
-
- "I reiterate, the media does have restrictions on "free speech" via media consolidation regulation that are enforced by the FCC."
And I reiterate, you are trying to pretend that the issue of media monopoly is a free speech issue.
It's not. They are not related in any way, shape or form. Nice try, though.
- "I reiterate, the media does have restrictions on "free speech" via media consolidation regulation that are enforced by the FCC."
- Legislative branch of government is now dead. The supreme court is now the supreme ruler. It will no longer interpret the law but will determine which laws it likes. Legislate from the bench.
- Reply to this comment
- What are all you lefties worried about. I understand you have the unions in your back pocket as well as a lot of the banks. Wall Street firms gave much more to Obama than any Republican in 2008.
- Reply to this comment
- Folks,
Even FoxNews is against this decision. We now have a good ally to rollback this court Decision. Like someone once said "the enemy of my enemy is my friend"
http://www.foxnews.com/opinion/2010/01/21/ellen-ratner-supreme-court-mccain-feingold-campaign/ - Reply to this comment





