Jan 21st 2010 | WASHINGTON, DC | From Economist.com
BY THE narrowest of majorities, America's Supreme Court ruled on Thursday January 21st that Congress may not bar corporations and unions from paying to disseminate political messages at election time. The ruling is arguably a blow for free speech, although critics of the decision quickly concluded that it would lead to big business buying elections.
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The effect of the law, said Justice Kennedy, is that “a speaker who wants to avoid threats of criminal liability…must ask a governmental agency for prior permission to speak.” That, he said, was “analogous to licensing laws implemented in 16th- and 17th-century England” which is precisely the sort of thing that “the First Amendment was drawn to prohibit”.
The new ruling leaves several restrictions intact. Corporations may not donate money directly to candidates. [What a joke! It's an accident that my ad just happens to be timed during during election and supports your position. Who can be silly enough to accept this distinction without a difference? ed.] Electioneering messages paid for by a firm must clearly disclose that firm’s identity. Individuals face strict limits on how much they may give to a candidate, so the kind of big donations that jump-started Eugene McCarthy’s anti-war candidacy in 1968 are still illegal. Incumbents still enjoy a huge fund-raising advantage, and very rich candidates who can pay for their own campaigns enjoy an even bigger one. McCain-Feingold has failed utterly to keep money out of politics. The last presidential election was the most expensive ever.
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