First Amendment Center: Amendment to undo Citizens United won’t do
Gene Policinski of the First Amendment Center effectively tackles the problems with Reps. John Conyers and Donna Edwards’ proposed amendment to overturn our Supreme Court decision in Citizens United v. FEC:
…Few likely would debate the motive that Conyers and Edwards say is behind the proposed amendment: fair elections, honest government. But good intentions don’t justify ignoring a basic concept that the Supreme Court majority pointed out in its ruling: Nothing in the First Amendment provides for “more or less” free-speech protection depending on who is speaking.
Besides, corporations — and likely unions, as well — are essentially groups of people who have assembled for a common purpose. That includes for this discussion using their combined resources effectively to support or oppose candidates who will, in their view, do the right things.
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Do we really want Congress to have the power to exclude certain groups from participating in political speech? Let’s not forget that although corporations and unions are different in reality, if not law, from individual people, they represent collections of individuals with legitimate interests.
As the Supreme Court held last year, First Amendment protections are strongest for political speech — and being an effective speaker in the marketplace of ideas should not disqualify you from them.