So, the Supreme Court recently issued a ruling in
Citizens United v. FEC, a ruling which says that corporate campaign activities constitute protected speech under the First Amendment, thereby allowing corporations to freely spend money to promote or attack candidates of their choice. My first reaction, catalogued in an earlier post, was to call this a huge step towards complete de facto oligarchy, and I believe we're already not too many steps away. A pair of articles on Salon had interesting things to say about this decision which have got me back to considering more carefully.
Glenn Greenwald's article on the subject makes it clear that he, like me, considers corporatization of politics to be a major contribution to the problems with America; "In sum, there's no question that the stranglehold corporations exert on our democracy is one of the most serious and pressing threats we face," for example. However, he asserts that this move is not particularly relevant, since the corporations already spend an essentially unlimited amount, thanks to their use of loopholes. He also argues that our system really can't get more influenced by corporations; I don't agree with that, but as I mentioned above, I think he isn't far off. He maintains that this may be a net benefit to anti-corporatists, actually, since it unties the hands of labor unions and leftist corporately-organized groups like the ACLU, who actually may have been affected by previous limits on campaign activities due to their smaller size and legal resources. He also makes the argument that this may well have been the legally correct decision, even if it was motivated by politics, and lays out a good case in that direction.
The
other article, by Emily Holleman, mostly emphasizes the opposite anti-corporatist take on the issue, namely the one which believes this will lead to a massive influx of corporate money into politics, thereby allowing corporations a greater influence in that arena. At the end of the article, one aspect of a memo attributed to "Republican election lawyer Ben Ginsberg," caught my eye as a possible unintended upside to this decision: "Unless the laws change, the political party as we know it is threatened with extinction. The parties do several things for their candidates and supporters -- raise money and conduct independent expenditures, conduct voter contact programs and describe the party’s position on issues, often through issue advocacy. With the limits on the amounts and sources of funds they can accept, the parties will be bit players compared to outside groups that can now conduct those core functions with unlimited funds from any source."
So, upsides: This may actually increase the funding in campaigns of groups I like, such as the ACLU, Planned Parenthood, as well as labor unions, and this spending might help offset the already massive current level of corporate spending, assuming that corporate spending does not in fact greatly increase. Also, if we're very, very lucky, maybe the endlessly corrupt and moribund organizations known the Democratic and Republican Parties will wither away.
Downsides: If a flood of new corporate money into the political system does come about, the ability of any citizen to meaningfully interact with politics goes way down hill from its already very low point. Also, the politics which do occur without paying attention to us citizens will be even less likely to have outcomes which favor our continued health, happiness, or prosperity.
Also, as a last note, the mere fact that corporations are considered people, and thereby eligible for First Amendment rights of any sort is due to corporate legerdemain back in the early 20th Century, wherein a court reporter who had strong corporate ties injected it into the record of an unrelated Supreme Court decision,
Santa Clara County v. Southern Pacific, thereby putting it in place to be used as precedent. Coincidentally, this reporter,
J.C. Bancroft Davis, also served as the president of the New York Railway Company, though not at the time of the aforementioned event. The tradition of corporate personhood which started here has had deeply problematic consequences for real humans. Also of note, our "War on Terror" detainees are not legally considered people. Nice.