Five justices ruled Thursday that corporations and labor unions can donate directly to political activities. At least someone in Washington is trying to protect free speech. In 1990, the Supreme Court upheld a Michigan law that barred corporate political contributions. Twelve years later, Congress passed the McCain-Feingold campaign finance law. Among other restrictions, it banned for 30 days before a presidential primary and 60 days before the general election any "electioneering communications" that would be broadcast over television airways or transmitted via cable or satellite.
The encroachments were too much for the Roberts Supreme Court, which on Thursday invalidated 5-4 the McCain-Feingold blackout period and overturned the 1990 high court ruling in its Citizens United v. the Federal Elections Commission decision.
In 2008, Citizens United produced "Hillary: The Movie." The documentary, aimed at derailing Hillary Clinton's presidential bid, was political in nature. The FEC shut down pay-per-view broadcasts of "Hillary," saying that it was a political ad and therefore violated federal election law.
Citizens United, an advocacy group, rightly responded by asking the courts to protect its right to free speech.
Free speech cannot survive in a society when it's for me but not for thee. If the government can take away one person's free speech, it can bar free speech for all. Yet that's the society some want.
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I have long felt that campaign/election reform needs to come by way of carrots rather than sticks. Though I do not believe corporations enjoy the same rights as individuals per se, I don't think that limiting speech of any kind is the right approach.
I support public financing of campaigns, with base funding, reporting and matching funds (preventing one candidate from overwhelming the other with money). As Mitch McConnell says - the problem isn't that we spend too much on elections - we don't spend enough.
My approach would help candidates of all stripes. Right now, a ridiculous amount of time is spent by office holders raising money. Never mind the influence, real or perceived, that is bought in the process.
One other tangent point - we need redistricting reform, which will cure many of our present campaign system ills. The de-polarization of America will not come when any particular candidate or party triumphs - it will come when the politicians are not beholden primarily to party activists and their money machines.
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