My analysis of CU case: corporate-free-for-all in Federal elections
Here is my executive summary on the Citizens United case and a sad prediction.
Citizens United, a nonprofit corporation (formed originally by my friend Floyd Brown) released during the last Presidential campaign a documentary movie about Hillary Clinton that was critical of her. It sought declaratory and injunctive relief in Federal Court on whether it would be subject to criminal penalties from the Federal Election Commission for distributing the movie. CU lost at the District Court level but appealed to the U.S. Supreme Court.
The Supreme Court under Chief Justice Roberts had previously decided some cases that marginalized the broad sweep of the McCain-Feingold campaign finance law, which placed additional restrictions of First Amendment freedoms in a Federal election context, most notably, the Wisconsin Right to Life decision, which scaled back McCain-Feingold to allow for unlimited "issue advocacy" by a corporation during an election campaign.… Read More