Unsettling Developments--The Supreme Court Decision

The election of a Republican in Massachusetts was not the most unsettling recent development. Massachusetts voters, who already have a public health insurance law, were terrified that the federal health care reform would eliminate their health care law. They were also scared silly by health insurance industry lies. No, the most unsettling development was the issuance of a decision by five Republican members of the U.S. Supreme Court in the case of “Citizens United v. Federal Election Commission.”

In Citizens United, the majority of the Court ruled that the government may not ban political spending by corporations in candidate elections. The Court overruled prior decisions in which it had upheld parts of the McCain-Feingold law that restricted spending by corporations and labor unions in elections. The decision was based upon the premise that restrictions on corporate spending in elections are a violation of corporations’ First Amendment rights of free speech. In other words, corporations are “people” with the same free speech rights as you and me.

This, of course, was a purely political decision made by Republican justices appointed by Republican presidents. The Republican Party has long been the party of big business, and has long opposed most government regulation of business. Thus, the insurance industry has been able to weaken and possibly defeat health care reform that would benefit all Americans. The oil and gas, pharmaceutical, banking, securities, and other industries have been able to count on Republican support in Congress against any attempt to keep them from despoiling, polluting, overcharging, defrauding, and abusing the American people. Republicans have long opposed any legislation that would guarantee workers better working conditions, minimum wages, decent hours, the right to unionize and bargain, and other rights.

Now the Supreme Court has made it likely that Corporations will become directly involved in most elections, backing candidates that adhere to the corporate lust for profits and opposing candidates that call for any kind of laws benefiting workers, the environment, safety, and public welfare. Corporations will swamp the electoral process with money. President Obama called it “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.”

While the Supreme Court made this decision ostensibly in the name of free speech, it had nothing to do with free speech. It was pure politics--like the 2000 election decision. Corporate spending is not free speech. Conservative Republicans have never been strong supporters of free speech. They have a history of opposing free speech, particularly the free speech of anti-war, anti-segregation, and anti-corporate demonstrators. Conservative Republicans approve of free speech only when they approve of the content. When speech involves political views they dislike or sexual material that offends them, the principle of freedom of speech disappears.

And corporations are not “people” entitled to the same rights of free speech as you and I. Their expenditure of money to sway public opinion and prevent the election of candidates who might support legislation affecting their profits is not “speech.” A corporation is an artificial construct, created for the purpose of protecting shareholders from liabilities. The McCain-Feingold and other laws never restricted the free speech rights of corporate officers, directors, employees, or shareholders. They merely restricted the use of corporate money to influence campaigns. Today’s giant corporations are faceless leviathans without consciences. Young executives get promoted for adding to the bottom line, not for their concern about the welfare of the community.

Any liberals who think that labor unions, environmental organizations, peace groups, civil rights organizations, and other groups devoted to the rights and protection of people will be able to offset the massive amount of money that will be spent by corporations are smoking something illegal.