Just about everyone wants to overturn Citizens United. But it's not so simple
The Move to Amend proposal is the broadest and cleanest. It states: "The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law."
It goes on to say: "Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure."
It also includes this statement: "Nothing contained in this amendment shall be construed to abridge the freedom of the press."
Free Speech for the People is simpler. It only addresses the corporate speech issue: "People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulations as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution."
Cobb notes that the Move to Amend measure doesn't say how political speech should be regulated; it just opens the door to that kind of lawmaking. "The question of how to protect the integrity of the electoral process is a political question, not a Constitutional question," he said. In the end, there's a huge issue here. The framers of the Constitution, their political consciousness forged in a battle against big and repressive government, feared as much as anything the notion of rulers controlling the rights of the people to speak, write, assemble, publish (oh, and carry firearms) freely. Corporate interests (with the possible exception of the British East India Company, which monopolized the tea trade) weren't a major concern.
And First Amendment purists still recoil at the idea that government, at any level, could make decisions limiting or regulating political speech. I sympathize. It's scary. But in 2012, it's easy to argue that the power of big money and big business has far eclipsed the power of government, that for all practical purposes, the rich and their corporate creations are the government of the United States — and that the people, assembled and exercising the power envisioned under the Constitution, need to make rules to, yes, level the playing field. Not rashly, not in crazy ways, with full cognizance of the risks — but also with the recognition that the current situation is fundamentally unacceptable, and that the potential dangers of messing with the First Amendment have to be balanced with the very real dangers of doing nothing.
Most Commented On
- NxPnOIoODTaKUeSUdi - April 17, 2014
- I hope you see my testimonies and also pray for my family too - April 17, 2014
- he's very nice and great a spell caster here is email. obasispel - April 17, 2014
- The point is that you are merely borrowing your home - April 17, 2014
- Straight line thinkers like Greg think that money can only be - April 17, 2014
- Don't confuse Greg with basic facts. - April 17, 2014
- Greg, you're just mixing it up to dry and deflect from being - April 17, 2014
- Greg, we don't live in Mexico and besides, you just said that - April 17, 2014
- Thank you Great Owologbo - April 17, 2014
- Vacancy control and new rent - April 17, 2014