Commentary: Corporate secrecy, not spending is Citizen United's biggest problem | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

Opinion

Commentary: Corporate secrecy, not spending is Citizen United's biggest problem

David Helling - The Kansas City Star

June 23, 2012 02:08 AM

The Kansas City Council approved a resolution on June 14 denouncing the U.S. Supreme Court’s decision in the infamous Citizens United campaign finance case.

“Only human beings, not corporations, are endowed with constitutional rights,” the resolution read.

Let’s pause to contemplate the irony of the council’s statement. Kansas City itself isn’t a human being, is it? Instead, it’s “a body politic and corporate,” according to its charter. By passing the resolution, the City Council as a group exercised the very free-speech rights it wants to deny to other groups.

Defending the Citizens United decision is a difficult job. It’s hard to imagine a more unpopular Supreme Court opinion; perhaps Dred Scott or Plessy v. Ferguson come close. Democrats, independents, and even some Republicans still mock the court’s opinion.

But mockery is easy when a decision is as misunderstood as Citizens United.

Here’s what Justice Anthony Kennedy actually wrote for the majority in the case: “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”

Note the phrase “associations of citizens.” What Kennedy and the court said was Americans don’t surrender their free speech rights simply because they decide to speak as a group rather than as individuals.

And it could hardly be otherwise. Groups and associations speak collectively all the time — corporations, sure, but unions, churches, media, and (yes) even cities take public positions.

Ban corporations from political speech? The League of Women Voters is a corporation. So is the Sierra Club, Missouri Right to Life, and the parent of The Kansas City Star. All could see their free-speech rights jeopardized if “associations of citizens” lose constitutional protection.

Some critics of Citizens United understand this, but complain the opinion “opened the floodgates” to political spending. But those floodgates were open long before the opinion: Barack Obama raised $800 million in 2008.

Those critics also forget the second part of Kennedy’s opinion, which said laws requiring disclosure of corporate spending were constitutional.

Last year a group supporting repeal of Kansas City’s earnings tax raised more than $500,000, virtually all of it from a shadowy non-profit “social welfare” corporation whose contributors were never revealed. Similar secret corporations are pouring millions into campaigns this year — secret not because of Citizens United, but because of tax law loopholes.

They have a right to speak, the court said, but we have a right to know who they are.

The problem is corporate secrecy, not corporate money. We might be better served if Citizens United critics focused on that, instead of trying to limit access to the First Amendment.

Read Next

Opinion

This is not what Vladimir Putin wanted for Christmas

By Markos Kounalakis

December 20, 2018 05:12 PM

Orthodox Christian religious leaders worldwide are weakening an important institution that gave the Russian president outsize power and legitimacy.

KEEP READING

MORE OPINION

Opinion

The solution to the juvenile delinquency problem in our nation’s politics

December 18, 2018 06:00 AM

Opinion

High-flying U.S. car execs often crash when when they run into foreign laws

December 13, 2018 06:09 PM

Opinion

Putin wants to divide the West. Can Trump thwart his plan?

December 11, 2018 06:00 AM

Opinion

George H.W. Bush, Pearl Harbor and America’s other fallen

December 07, 2018 03:42 AM

Opinion

George H.W. Bush’s secret legacy: his little-known kind gestures to many

December 04, 2018 06:00 AM

Opinion

Nicaragua’s ‘House of Cards’ stars another corrupt and powerful couple

November 29, 2018 07:50 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service