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Ear to the Ground

SCOTUS Deals Big Blow to Campaign Finance Reform

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Posted on Jan 21, 2010
Supreme Court
supremecourtus.gov

On Thursday, Chief Justice John Roberts explained the U.S. Supreme Court’s campaign finance ruling, which eliminated restrictions on corporate funding for political candidates and causes by basing it on the First Amendment, stating that the American government doesn’t have the right to “prohibit political speech, even if the speaker is a corporation or union.”

Justice John Paul Stevens shot back in his 90-page dissent, “While American democracy is imperfect, few outside the majority of this court would have thought its flaws included a dearth of corporate money in politics.”

This latest, and considerable, setback to the cause of campaign finance reform could play a part in this fall’s midterm elections, so it’s no wonder President Barack Obama pledged to “talk with bipartisan congressional leaders to develop a forceful response to this decision.”

The 5-4 decision split the court along partisan lines. It may be unfair to presume a political bias on the part of the justices, but there’s no doubt that this decision strongly favors Republican politicians, who can expect to benefit more easily from corporate largess. All the talk of unions obscures the real thrust of the decision, which was roundly condemned by labor groups such as the SEIU.

If there’s a silver lining at all, it may be that Justice Sonia Sotomayor, who was criticized during her nomination as being too sympathetic to corporations, demonstrated the opposite by voting with the minority.  —KA and PZS

AP via The Washington Post:

Reaction to the Supreme Court decision Thursday that corporations may spend freely to support or oppose candidates for president and Congress.

“With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is 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. ...  - President Barack Obama.

“The text and purpose of the First Amendment point in the same direction: Congress may not prohibit political speech, even if the speaker is a corporation or union.” - Chief Justice John Roberts

[...]

“Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the court has given corporate money a breathtaking new role in federal campaigns.” - Sen. Russ Feingold, D-Wis.

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By Cash till payday, May 21, 2011 at 1:58 am Link to this comment
(Unregistered commenter)

I believe this will create a huge tax break for corporations that are always looking for ways to put the burden of tax on the people.

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By Trade Finance, April 18, 2011 at 11:53 pm Link to this comment

Thank goodness for the First Amendment. I actually like that comment where it is suggested we cut out the middle man and elect the CEO. Very apt and an great observation.

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By samosamo, January 24, 2010 at 10:08 am Link to this comment

Purplewolf,

I am aware of that because it is very easy to see how our
republic’s democracy has been turned from a ‘of, for and by
the people’ to what Thomas Paine took such pains to explain
the dangers of the aristocracy gaining control of the
representation being ‘of, for and by the aristocracy(oligarchy)
and the use of money to gain ‘more’ rights than the people.

And I would without hesitation now say that not only have the
‘aristocracy’ got control of the legislative and executive
branches but, just as the actions of o has shown his obedience
to to the aristocracy, now the scotus cannot be anything else
but the final branch bought and paid for as a tool of the ‘elite’.

This isn’t just about restrictions on elections but other causes
as well:

http://www.care2.com/causes/politics/blog/bob-kerrey-on-
the-supreme-court-election-funding-decision/

which is even more sad and scarier.

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By purplewolf, January 24, 2010 at 8:17 am Link to this comment

Samosamo: I am not holding my breath as to the willing congress part, they have proven to be weak, easily bribed, yes people. I just wonder how much money greased the palms of those on the Supreme Court who engineered this debacle. That crap eating grin on Roberts face told all-more than we will ever know.

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By wildflower, January 23, 2010 at 1:43 pm Link to this comment

I’ve been wondering why so many Republicans are cheering the decision. They’re hoping some of the criminals are set free to launder money again:

“. . . The decision could also affect pending trials, like that of Mr. DeLay, who was charged in 2005 with criminal violations of state campaign finance laws and money laundering. . . “

“The money laundering and conspiracy to commit money laundering charges will definitely be undermined,” said Dick DeGuerin, Mr. DeLay’s lawyer. “The reason is that the foundation of the prosecution’s argument is that corporate donations are illegal in any part of the political process, but the Supreme Court just struck that idea down.

But Carl Bryan Case, the director of the Appellate Division at the Travis County District Attorney’s Office, which is handling Mr. DeLay’s case, disagreed.“The indictments against Mr. DeLay describe corporate contributions to a political campaign,” he said. “What the Supreme Court addressed was independent
expenditures made by third parties on their own and without having to do with campaigns.”

http://www.nytimes.com/2010/01/23/us/politics/23states.html?hp

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By samosamo, January 23, 2010 at 12:31 pm Link to this comment

Purplewolf,

The can damn sure be impeached, but it would take a willing
congress and I am still looking for that.

http://en.wikipedia.org/wiki/Impeachment_in_the_United_States

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By purplewolf, January 23, 2010 at 12:00 pm Link to this comment

Now that it has been proven that the SCOTUS are traitors to America and since these traitors can not be fired from their jobs as this is a life long position unless the judge(s) decide to retire, the Supreme Court needs to be disbanded as it does not have the best interest of America and it’s people as it’s foremost important job requirement.

By doing this, who is to say that foreign companies will not come in and undermine America now that they will be considered equal to the status of a person and just because big money now can roll over the little people, don’t bank on them supporting Republicans as they may decide to put their own loyal peon into the seats formally filled by dead meat Dems and Repugs.

Bye bye America! Hello fascism.

Time to thrown these turncoats out of their cushy jobs and close this useless organization.

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Hulk2008's avatar

By Hulk2008, January 22, 2010 at 8:24 am Link to this comment

Next Questions:
  Will political ads outnumber product ads during the SuperBowl ? 
  Will Exxon’s ad against Cap-And-Trade be funnier than the Tostito ad ?
  Will political ads use celebrity voice-overs and spokespersons ?  (e.g. Michael Jordon plugging John McCain’s re-election)

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By Trevor K., January 22, 2010 at 7:41 am Link to this comment
(Unregistered commenter)

This is great news!

With Obama using every speech, interview, and press conference to slam “big business,” “wall street”, “oil companies”, and “corporations”, and trying to setup these straw men as the new “evil doers” of America, it’s no surprise the SCOTUS ruled the way they did.

You can’t waltz into the White House and pretend to “lead” the people by pitting citizens against each other. 

You reap what you sow.

Thank you for preserving the Bill of Rights, SCOTUS!

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By samosamo, January 22, 2010 at 5:01 am Link to this comment

This will definitely create a huge tax break for corporations that
are always looking for ways to put the tax burden on the people.

Though it is already happening, I would rather think it will take
the doors off the hinges to the scothus so the lobbyists can line
up and have free access to the federal judges, hell, all judges, so
it is an aristocracy of representation of all 3 branches and the
judge’s ‘under the robes quid quo pro’ have increased their
meager salaries.

All 5 of the federalist judges are traitors to this country!

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By Inherit The Wind, January 22, 2010 at 4:15 am Link to this comment

This was easily anticipated when Roberts and Alito were confirmed.

You can’t blame a scorpion for being a scorpion and stinging.

But the BLAME falls squarely on the Dims in the Senate WHO COULD HAVE PREVENTED THIS!  But they were ballless and spineless, and brainless and visionless, and scared shitless of the Big, Bad Republicans who refused to play nice.

Even when they had 60 seats (now 59) the Dims are STILL scared shitless of the GOP.  They wasted time on Olympia Snowe, who now, clearly NEVER intended to buck Mitch McConnell.  They wasted time on Evan Bayh, Ben Nelson, and Joe Sleezyman, rather than kicking their butts, threatening funding in their states, removing them from choice committee chairs, blocking national funding for their campaigns, etc, etc, etc.

Cowards.  How many of the 59 Dims in the Senate are not cowards or Republicans in Dems’ clothing?  My mind’s a blank—I can’t think of one.

I’m in NJ and I got an imbecilic eMail from my Senator, Menendez.  In it he said “Oh this is a wake up call!” and that he hears it,  but then went on to say how important it is to get out the message about all the great stuff the Dims are doing in DC that people just don’t know about!  Of course, this ended with a plea for donations.

Either he’s a moron or he thinks I am—along with my fellow New Jersey Democrats.  Too dim-witted to know that HE is part of the problem, him and Lautenberg. Both are part of our “hold your nose and pull the lever” contingent in Washington.

I cannot think of ANYTHING the better explains the problem with the National Democratic Party and their tone-deafness than Menendez’s inane email.

Talk about cognitive dissonance!

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By C.Curtis.Dillon, January 22, 2010 at 2:01 am Link to this comment

The real problem with this decision has to do with the stupidity of Americans ... sad, but true.  If Exxon/Mobil wants to run an ad supporting a particular candidate and it states, openly “We at Exxon/Mobil like this candidate because ...” there is nothing inherently wrong with this.  An intelligent electorate would see that this was a self-serving ad and would judge it accordingly.  However, we know that the ad would not divulge who paid for it and those who saw the ad would just assume it was true and factual.  We are a stupid people overall as years of negative and false political ads have shown.  Painting a candidate in a negative way is always a good strategy ... just ask Karl Rove.  So corporations will win because the typical voter is dumb as a post and will fall for anything they push at him/her.  That will be our downfall.

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de profundis clamavi's avatar

By de profundis clamavi, January 22, 2010 at 12:37 am Link to this comment

The American Republic isn’t dying, it’s been dead for quite awhile now and the smell of its rotting corpse is no longer possible to conceal with sweetly scented perfumes bearing names like “Change You Can Believe In”.

Corporations have been steadily tightening their grip on mainstream public dialogue and party politics for about 50 years. This poison pen letter from the Supreme Court gives the corporate oligarchy all they need to consolidate their power.

By giving corporations unlimited “rights” as “persons” and therefore as “citizens” to use money to influence and fund election campaigns, it will become effectively impossible for any candidate to run for office without their support. It’s nearly impossible now, but at least that statement contains the word “nearly”.

The Constitution sets out the rights of citizens of the United States, who are defined as persons born in the United States, born to citizens of the United States and foreign persons naturalized as citizens. Corporations are not persons, but by a bizarre twist of our legal history, they have become recognized as such, and from that follows the notion that corporations are entitled to all the rights of citizens.

Never mind that corporations cannot be required to serve in the armed forces, nor be physically punished or imprisoned for crimes. Nor do corporations suffer from cold, hunger, thirst, disease or death. They do not have mouths with which to breathe or talk, nor do they have hands with which to write. Yet our Supreme Court says they have the “right” of “free speech”. 

The only thing corporations suffer from is reduction in their profits. They share none of the human concerns of natural citizens. Their sole concern is money, and their sole method of exercising their “right” of “free speech” is through money: bankrolling (a.k.a. “buying”) candidates and purchasing media time.

The corporations have lots and lots of money, and they know that the most profitable investment they can possibly make is through buying the government.

Our elected representatives of both parties are already in the pockets of the corporations. This disastrous ruling will silence and remove those few voices in politics who oppose corporate rule.

Should we mount a public campaign for a constitutional amendment clarifying that a corporation is not a person or a citizen?

Yes, BUT Constitutional amendments have to be enacted through legislation, and the corporations now hold all the levers of government power.

Corporate rule will inevitably bankrupt the country, destroy the currency and cause complete economic and political collapse. Out of catastrophe will come an opportunity to start again, although an authoritarian corporate fascist government is a likely outcome, at least for a couple of decades. Such a fascist government would probably retain, superficially, the institutions of the republic, just as the Roman Empire continued to have a powerless Senate for 500 years after Julius Caesar.

What can avert this scenario? Nothing short of mass non-violent revolutionary action. Violent revolution would be unlikely to succeed against a ready army of right wing goons. Revolution would have to take the form of strikes and boycotts against global capitalist corporations, banks and their “goods” (they’d more accurately be called “bads”) and “services” (more accurately called “crimes”). You can start now by taking all your money out of corporate banks and putting them in local banks and credit unions, stop buying anything produced by outsourced overseas industries, buy only local organic food, and boycott chain restaurants. Quit your corporate job if you can, as soon as you can. And buy a gun, before the corporate fascists decide it’s dangerous to let you have one. You may need it. 

Forget Obama. Forget the Democrats. Forget incremental change within the system. That’s like wishing for the French aristocracy of 1789 to abolish themselves.

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By wildflower, January 21, 2010 at 8:18 pm Link to this comment

Just read “Citizens United for Subservience to Tyrants.” It’s interesting:

“One aspect of the ruling that hasn’t gathered much attention:  as far as I can tell, the analysis doesn’t distinguish between domestic and foreign corporations.  Not that it would matter much, since a foreign corporation can always establish a domestic subsidiary, or buy an American company:  Cities Service, for example, is a unit of PDVSA, the Venezuelan state oil company.  So the ruling allows Hugo Chavez to spend as much money as he wants to helping and harming American politicians.  If the Russian, Saudi, and Chinese governments don’t currently have appropriate vehicles for doing so, you can count on it:  they soon will.”

http://www.samefacts.com/2010/01/corruption-in-washington/citizens-united-for-subservience-to-tyrants/

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By glider, January 21, 2010 at 6:23 pm Link to this comment

No Mans Land:
“I know what you’re thinking: we’ve already got that, right? Well wait until they figure out how profitable a war with russia or china would be. If that happens I submit that we all will long for the days of bush’s war on ‘terra’”

That is a scary insight and I wouldn’t argue against it.  One would like to think that since corporations are made up of individuals that some ethical direction would persist.  However, I think corporations share many propertied in common with mobs, which are not known for their restraint and ethical fortitude.

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By glider, January 21, 2010 at 6:07 pm Link to this comment

Today, my high school Civics teacher would have a tough time instilling pride at how brilliant our system of “checks and balances” is at preserving the interests of the people.

This concept of uninhibited Corporate paid speech is the modern equivalent of allowing only landowners to vote, except that the more land you own the bigger your vote becomes.  The silver lining in this decision, is that are already living in an intolerably bought and paid for government, and that this decision might serve as a catalyst to actually get politicians to address this issue.  That said I having little faith that anything but lip service will exhibited in this regard from the rats in “our” legislature. 

The other equally important problem is that the wealth of politicians is determined by corporations.  This is really the central bit that needs to be changed.  It is not enough to block campaign financing and lobbying to end corruption.  We also need to pay our politicians top dollar and block them from taking corporate money even after they retire.  Otherwise there will be no change and corruption will continue to rule.  But can anyone imagine these rats making legislation to prevent corporations from making them rich?  There seems to be no realistic mechanism for attaining this goal short of revolution.

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By Beltwaylaid, January 21, 2010 at 6:07 pm Link to this comment
(Unregistered commenter)

Uncle Sam just bent over, stuck his head through his
legs and kissed his ass good bye.

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By No_Man's_Land, January 21, 2010 at 5:31 pm Link to this comment

Wildflower and manni

you’re a day late. Read the majority opinion. Free speech, aka money,
cannot be limited. The only way to control it is with a constitutional
amendment. What’s more it would have to be done relatively quickly, say
before the next generation grows up thinking its normal. The longer you
wait the harder it will be. The most opportune time is immediately but
scotus waited to make this decision until the start of a contentious election
season. 6 months from now the money will be rolling full throttle and
opinions will magically change on the airwaves. Coupled with the already
corporate media and we’ll be lucky id we even hear it mentioned. Once
that happens it will be impossible to turn off. If the 19th century is any
guide it will require some rather bloody labor disputes and a couple od
depression before anyone of influence takes note. See the molly mcguires
for a glimpse.

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By Potent_Placebo, January 21, 2010 at 5:20 pm Link to this comment
(Unregistered commenter)

I’m holding a microphone by a charter for
incorporation.  No speech coming out.  I’m still
waiting.

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By don knutsen, January 21, 2010 at 4:27 pm Link to this comment
(Unregistered commenter)

So is it OK now to finally quit pretending that we still have a goverment that works for the people ? Can we drop our collective denial and embrace the fully realized corporate takeover of our democracy ? This will cement republicans back in the majority in short order and keep them there. They quit pretending they represent the people decades ago. If ever there were a reason for revolt, this has got to be it. The middle class will continue to evaporate and we will be a 3rd world power as soon as the chinese and others quit cooperating. Industry in large measure has already moved their jobs overseas thanks to legislation passed under Bill ” repub. lite” Clinton. Looks to me like time to get out the torches and pitchforks and mass at the steps of the supreme court. I saw years ago that we were on the downhill side of the our “american dream days”, but I don’t think many wouldv’e believed we’d be sliding completely off the edge this quickly. Goodbye American Pie.

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No_Man's_Land's avatar

By No_Man's_Land, January 21, 2010 at 4:06 pm Link to this comment

Toss this one around…

This decision removes the restriction on using shareholder money for
political campaigns. For example last year exon mobile collected 1 million
in contributions from its employees. It was barred from using any of the 45
billion in shareholder profits it earned. That restriction was erased today.

That said, what is to stop big defense from spending billions to buy every
seat in the house and senate as well as the presidency to start directly
controlling national policy? And what is to stop them from plunging us into
a perpetual war the likes of which we can scarecly imagine? I know what
you’re thinking: we’ve already got that, right? Well wait until they figure out
how profitable a war with russia or china would be. If that happens I
submit that we all will long for the days of bush’s war on ‘terra’

Report this

By samosamo, January 21, 2010 at 3:45 pm Link to this comment

What a bastard!

The Bill of Rights IS for the protection of the citizens from
corporations NOT FOR CORPORATIONS and, to soften this
treasonous and politically split ruling ( 5-4), UNIONS.

Orwell’s 1984 is almost complete because this is, as in ‘Animal
Farm’, where the animals would wake up one day and find the
‘rules’ had slightly been changed for protection of the aristocracy.

The neoconservative movement really did a number on america
giving more power to the goddamn aristocracy that will take, I
think, many many decades to recover from, if it ever does,
because the ‘ardent federalists’ on the scothus are actually
‘ardent corporatists’  and corporations aren’t people whose grave
can be found, the only way a corporation could be considered a
life would be a CANCER OR DISEASE!

1984 is just about totally constructed for america so watch out
eastasia and eurasia, here ‘they’ come, those ever changing
perpetual wars.

I don’t believe even destroying all those neoconservative think
tanks would do any good, the plans and agendas are set!

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By wildflower, January 21, 2010 at 3:44 pm Link to this comment

RE MAANI; “limit “paid” “free speech” . . .  put a fixed amount on how much any one “individual” - either person or corporation - may spend on a . . . campaign.”

Might be worth looking into this.  Apparently, Japan has contribution limits:

“the 1948 Political Funds Control Law was amended to establish ceilings for contributions from corporations, other organizations, and individuals.”

http://en.wikipedia.org/wiki/Political_funding_in_Japan

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By No_Man's_Land, January 21, 2010 at 3:33 pm Link to this comment

The gates were already open. This removes the gates.

This fuses permanently the interests of government with those of business.
We would be better to cut the middle man and start electing CEOs directly.

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By Maani, January 21, 2010 at 2:57 pm Link to this comment

“Given that the money is there in equal quantities in both cases…the choice is really: do we want to limit free speech in an unconstitutional manner, or do we want to stand up for the liberal principle of free speech?”

Surely you’re not suggesting that the individual American has anywhere near the ability to “buy” “free speech” that corporations and unions do?

There is a middle ground, and that is to limit “paid” “free speech” equally: if a corporation is the same as an individual under the law (for better or worse) - and that law is unlikely to be overturned - then put a fixed amount on how much any one “individual” - either person or corporation - may spend on a given campaign.  That amount should take into account the realistic amount that a person could spend, perhaps based on mean income.  Even if this comes to a few thousand dollars, it would then limit corporations to the same.  And corporations would be barred from “bundling” and other practices that attempt to circumvent this.

This would mean that, say, Goldman Sachs - as a corporate “individual” - could only spend the same as I could: a few thousand dollars.

That would seem like the fairest way to go.

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By Caro, January 21, 2010 at 2:54 pm Link to this comment

We need to start working on a constitutional
amendment to fight this insanity.
http://movetoamend.org/

Carolyn Kay
MakeThemAccountable.com

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By gerard b, January 21, 2010 at 2:41 pm Link to this comment
(Unregistered commenter)

After all is said and done,99% of americans will not know or care about this issue. We are so easily fucked-over in this great democracy of ours.

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By Sole Prop, January 21, 2010 at 1:46 pm Link to this comment

I’m not sure they haven’t already bought and paid for the government, all three branches from the look of this SCOTUS decision. I don’t want to feel
pessimistic about this but how do we strip corporations from being treated as individuals under the law? How do we make people understand the implications of corporate ownership of our
government?

People are angry, rightfully angry, over what’s
happened to the economy, angry with the people who
created/benefited from it. Maybe some of that anger can be directed to the root of our problem: campaign financing and how it’s costing us our democracy.

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By Ouroborus, January 21, 2010 at 1:43 pm Link to this comment

No news here; nothing’s changed so calm down.
It’s simply an affirmation of an already existing
reality. You actually thought this was a democracy?
Silly you.

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By Jean Gerard, January 21, 2010 at 1:34 pm Link to this comment
(Unregistered commenter)

Campaign advertising is not “free speech”.  It’s PAID speech.  In the interests of corporations and Wall Street, the “Supreme” Court carefully avoided noticing this point.

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By Miko, January 21, 2010 at 1:26 pm Link to this comment
(Unregistered commenter)

Stevens gets the key fact (even if he misinterprets it horribly): “While American democracy is imperfect, few outside the majority of this court would have thought its flaws included a dearth of corporate money in politics.”

There is no way to keep corporate money out of politics so long as politics provides a better ROI than other opportunities.  If you want to get corporate money out of politics, you’re going to need to shrink the Federal budget by, say, 99.9%.  Nothing else is going to work.

Given that the money is there in equal quantities in both cases (the only difference is whether it comes from above-ground sources or comes in the form of loopholes, soft money, and astroturf ‘advocacy groups’), the choice is really: do we want to limit free speech in an unConstitutional manner, or do we want to stand up for the liberal principle of free speech?

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By No_Man's_Land, January 21, 2010 at 1:21 pm Link to this comment

KD BAR THE DOOR.

And such was the final nail in American Democracy.

R.I.P. USA

Happy Birthday CSA Inc. (Corporate States of America)
Live long and prosper until you implode.

The Mayan 2012 end of days prediction doesn’t look so crazy now.

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By wildflower, January 21, 2010 at 1:16 pm Link to this comment

“When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought,” Justice Anthony Kennedy wrote for the majority. “The First Amendment confirms the
freedom to think for ourselves.”

Since SCOTUS has now declare that government has no say as to where a person may get his or her information or what distrusted source he or she may not hear, then, it is logical to assume that U. S. citizens also have the right to view/listen to “paid political commercials” from other Nations who may have complaints and/or grievances against those business and/or corporations who are contributing to the political campaigns of individuals who are asking for our votes.

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By MickNamVet, January 21, 2010 at 1:04 pm Link to this comment
(Unregistered commenter)

This is a day of deep shame and infamy for SCOTUS.  A saving grace are the dissenting opinions of the minority on the Supreme Court, who still have a sense of integrity and humanity.  Roberts, Scalia and the other fascist shills have now made it possible for any and every election to be bought hook, line and sinker by corporations.  American citizens have been betrayed unconscionably here. This decision needs to be rescinded ASAP and all citizens of good faith must push for this.

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