Feb 17, 2010 7:00am

In Supreme Court Ruling on Campaign Finance, the Public Dissents

Memo to the Supreme Court: President Obama isn’t the only one who’s annoyed.

Obama raised eyebrows at his State of the Union address last month by criticizing the high court’s ruling throwing out limits on corporate spending in political campaigns. Turns out he’s got company: Our latest ABC News/Washington Post poll finds that 80 percent of Americans likewise oppose the ruling, including 65 percent who “strongly” oppose it, an unusually high intensity of sentiment.

Seventy-two percent, moreover, support the idea of a legislative workaround to try to reinstate the limits the court lifted.

The bipartisan nature of these views is striking in these largely partisan times. The court’s ruling is opposed, respectively, by 76, 81 and 85 percent of Republicans, independents and Democrats; and by 73, 85 and 86 percent of conservatives, moderates and liberals. Majorities in all these groups, ranging from 58 to 73 percent, not only oppose the ruling but feel strongly about it.

Even among people who agree at least somewhat with the Tea Party movement, which advocates less government regulation, 73 percent oppose the high court’s rejection of this particular law. Among the subset who agree strongly with the Tea Party’s positions on the issues – 14 percent of all adults – fewer but still most, 56 percent, oppose the high court in this case.

The court, in a 5-4 ruling Jan. 21, said federal restrictions on corporate spending in elections constituted a violation of free speech. Critics called it wrong to equate corporate "speech" with individual speech and said the ruling would allow special-interest money to flood election campaigns. The ruling did not explicitly include spending by unions, which also was restricted in the law, but is expected to apply to them as well.

In addition to overwhelming opposition to the decision, there’s also bipartisan support for Congress to try to reinstate restrictions on campaign spending by corporations and unions. Seventy-one to 77 percent of Republicans, independents and Democrats alike favor the idea. Ideologically, support for a legislative workaround ranges from 63 percent among conservatives to more than three-quarters of moderates and liberals.

One response to the ruling was proposed by Congressional Democrats last week – a measure that would, among other elements, bar campaign spending by companies with substantial foreign ownership or control, or by government contractors or bailout recipients; and require chief executive officers of companies that pay for campaign ads to appear on camera saying they “approve of this message.”

Click here for the poll questions and results.

User Comments

Way to go scotus–let’s turn more power over to the corporations who are running our economy into the ground thanks to their voracious greed. Screw the citizens you’re supposed to protect.

Posted by: Bryan Miller | February 17, 2010, 9:27 am 9:27 am

We can fix this problem with our votes. Do not vote for any candidate who accepts funding from corporations or lobbyists. We can force our elected officials to voluntarily refuse this tainted money and support. To learn more or to join the Reform voting bloc please visit their page on Votingbloc.org.

Posted by: Fred | February 17, 2010, 12:12 pm 12:12 pm

How do you impeach a Supreme Court Justice?

Posted by: Steven | February 17, 2010, 12:22 pm 12:22 pm

This has absolutely zero to do with free markets and free speech.
This is entirely about writing the rules so that the rich can rip off the rest of us.
Corruption of our system has done what no foreign power has been capable. It has nullified the checks and balances in our government.
This recent court decision is just as important in its own way as the Dred Scott decision. Only instead of blocking the road to freedom from slavery like Scott, this decision is just as wrong because it is a direct path from freedom to serfdom.
Stevens dissent
“The jurisdictional statement never so much as cited Austin, the key case the majority today overrules.
And not one of the questions presented suggested that Citizens United was surreptitiously raising the facial challenge to §203 that it previously agreed to dismiss.
In fact, not one of those questions raised an issue based on Citizens United’s corporate status.
Essentially, five Justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law. the majority does not bother to consider such practical matters, or even to consult a record; it simply stipulates that “enlightened self-government” can arise only in the absence of regulation.”

Posted by: Lee | February 17, 2010, 12:23 pm 12:23 pm

Well the Supreme Court really stepped on the rake with that decision. Do you think they give a darn what the people think?

Posted by: afgail | February 17, 2010, 12:24 pm 12:24 pm

The consequences of this decision are even worse for the country than the Supreme Court ruling that put Bush in the White House. Our worst enemies could not damage the country more than the 5 extreme right wing supreme court “justices” did with their lastest decision.

Posted by: afgail | February 17, 2010, 12:34 pm 12:34 pm

Oh please, it isn’t as if politicians weren’t getting MILLIONS in campaign contributions anyway. It was corrupt before this decision, and has been for a long time. It just goes to show you the rule of law is a total farce in the U.S.

Posted by: CR Campbell | February 17, 2010, 12:52 pm 12:52 pm

Oh please, it isn’t as if politicians weren’t getting MILLIONS in campaign contributions anyway. It was corrupt before this decision, and has been for a long time. It just goes to show you the rule of law is a total farce in the U.S.

Posted by: CR Campbell | February 17, 2010, 12:52 pm 12:52 pm

“A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of creation confers upon it, either expressly, or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created.”
Chief Justice John Marshall
Dartmouth College v. Woodward-1819

Posted by: Charles | February 17, 2010, 12:55 pm 12:55 pm

Over the long term I think this will be good. As one of the posters mentioned above it is not as if there weren’t already millions of dollars going to politicians with the express intent of influencing their votes.
There are 2 issues in play that I am concerned about. The first is the legal definition of corporations. I think that needs to be re-examined with due consideration being applied to the multi-national nature of many of them today. The notion of “personhood” needs to be reexamined and in my opinion – eliminated.
Secondly, there needs to be a mechanism of accountability available for politicians that are effectively changing their votes based on financial contribution. Right now, its hard to prove, especially when you consider that the big payoffs frequently come after they have left office. If a politician essentially works on behalf of one interest or other – taking minimal money while IN office and then leaves office with a “golden parachute” working for the same people – what law was broken?
It happens everyday.

Posted by: GAbbot | February 17, 2010, 1:17 pm 1:17 pm

If this were the early days of our republic or heck if our citizenry wasn’t dominated by passive people but real patriots the 5 justices would be tried for treason.
Impeach them, or pack the court with 2-4 justices to off-set them. Problem is we’re relying on Democrats to do it. They’ve sold the American people out only slightly less than the Republican leaders who love the decision.

Posted by: Pack the Court | February 17, 2010, 1:20 pm 1:20 pm

That’s great, except for the fact that 99.9% of those surveyed didn’t read the decision.
You might as well survey the public if they thing the Space Shuttle is using the best type of fuel before takeoff.

Posted by: LDoren | February 17, 2010, 1:35 pm 1:35 pm

Everyone needs to read Zinn’s People’s History. It will remove the veil from your eyes and make you understand that the US was never intended to be “By the people, of the people, for the people”, but that the US is BY DESIGN and INTENT “By the Elite, from the poor, to the Elite.”

Posted by: CodeSlinger | February 17, 2010, 1:37 pm 1:37 pm

Welcome to the new corporate America. New era for corporations to rule and own the country.

Posted by: dan | February 17, 2010, 1:38 pm 1:38 pm

Let’s see if I get this right: Congress is already flush with corporate cash to the extent that our legislators bear greater allegiance to their corporate benefactors than their corporeal constituents i.e. WE THE PEOPLE. Therefore, Congress is unwilling or unable to address the campaign finance reform issue in any meaningful way. WE THE PEOPLE are therefore wrongully deprived or our constitutionally guaranteed rights by virtue of our Congress’ willingness to act contrary to their own individual self interests. Is that not analagous to the case of the irresistable force meeting the immovable object? What happens in that scenario? Complete and total destruction of both entities and all those innocents within blast range, that’s what happens. As long as there is no meaningful campaign finance reform we perpetuate the status quo i.e. a right wing extremist packed SCOTUS and legislative gridlock. It is a vicious cycle unbreakable by any but extraordinary means and Congress refuses to act upon the perversion of justice. Is it not then left to WE THE PEOPLE to compel Congress through whatever means necessary to address the issue in a meaningful manner? Is that not what our forebears asserted in our Declaration of Independence? So why should this government be subject to any less aggressive action on the part of the rightful holders of power in this nation? The answer is that they should not. A reissuance of our Declaration of Independence is in order and mark my words, anything less, including that which followed that declaration will fail to reverse the trend toward tyranny and despotic rule.

Posted by: dtlewis | February 17, 2010, 1:42 pm 1:42 pm

If the poll is true a Constitutional amendment should be no problem to pass and “fix” the problem. Alas, I believe most people could either care less or actually think the SCOTUS got the decision right. Liberals can whine all they want, but until they stand up and say Union money in elections is just as bad as Corporate money, they are nothing but hypocrites trying to rig elections and election law in their favor.

Posted by: Chase | February 17, 2010, 1:43 pm 1:43 pm

Let’s see if I get this right: Congress is already flush with corporate cash to the extent that our legislators bear greater allegiance to their corporate benefactors than their corporeal constituents i.e. WE THE PEOPLE.
Therefore, Congress is unwilling or unable to address the campaign finance reform issues which led to this impasse in any meaningful way. WE THE PEOPLE are therefore wrongfully deprived or our constitutionally guaranteed rights by virtue of our Congress’ refusal to act contrary to their own individual self interests. Is that not analogous to the case of the irresistible force meeting the immovable object? What happens in that scenario? Complete and total destruction of both entities including all those innocents (WE THE PEOPLE) within blast range, that’s what happens.
As long as there is no meaningful campaign finance reform we perpetuate the existing impasse i.e. a corrupt Congress and a right wing extremist packed SCOTUS which completes the cycle. The Executive branch is incapable of affecting the necessary reforms absent the cooperation of both the Congress and the SCOTUS again shoring up the status quo. It is a vicious cycle unbreakable by any but the most extraordinary of means. Ahh, but under the existing circumstances and the Patriot Act, only the least offensive of objections will be tolerated by our government lest the offender be charged with being an “unlawful combatant”. Is it not then within the domain of WE THE PEOPLE to compel Congress through whatever means necessary to address the issues before our nation in a meaningful manner? Is that not what our forebears asserted in our Declaration of Independence and did they not find themselves largely similarly situated in that their most fundamental rights were repeatedly denied them by a tyrannical English government? So why should this government be subject to any less aggressive action on the part of the rightful holders of power in this nation, THE PEOPLE? The answer, as I see it, is that it should not.
A reissuance of our Declaration of Independence is in order and likely anything less, including that which followed the original declaration will fail to reverse this most disturbing trend toward tyrannical authoritarian rule in this country as only the most politically well-connected and wealthiest have any audible voice in the legislative process in this country.

Posted by: dtlewis | February 17, 2010, 2:03 pm 2:03 pm

A corporation is a legal entity, not a human, it does not and should not have human rights. Corporations already had plenty of hands in campaigns, now it’s unlimited. It’s sickening. Everyday our government nievely dismantles the future of our civilization.

Posted by: Erin Fox | February 17, 2010, 2:24 pm 2:24 pm

All that talk about ‘activist’ judges. Thank you Alito, Roberts and Scalia. These are the people the GOP trumpets as the ideal for a Supreme Court Justice. I blame this decision squarely on the GOP. All 5 of the justices who voted for this decision were nominated by Republican Presidents. This is the culimination of the GOP vision of ‘less government.’ Everyone should remember this next time there is a opening on the court.

Posted by: AP in Illinois | February 17, 2010, 2:38 pm 2:38 pm

@everyone worried about money ‘buying’ elections:
In MA, Coakley outspent Brown 5-to-1 ($4.3M vs. $853K a/o 12-31 per FEC figures) yet voters saw through all that and made up their own minds for Brown. Do you guys really give voters no credit that we can make our own decisions in the face of huge spending?
So how do you explain the MA results?

Posted by: Fred Goodwin | February 17, 2010, 2:38 pm 2:38 pm

Chase: okay, deal. Unions should also not have undue influence on elections. They are also not actual living, breathing persons in the same way that corporations are not living and breathing. Neither of them can wear a uniform for their country, nor can they be tried for murder. Since neither possess a “mouth” they have no logical “freedom” of speech. They are associations of people but not actual people. There. I’m not a hypocrite.

Posted by: brian | February 17, 2010, 2:42 pm 2:42 pm

I read somewhere [recently] that it takes approx $3m to effectively campaign for a Congressional seat and $5m for a Senate seat [an average that if not current, seems about right].
Given that there appear to be few, conscientious states-people willing to “swim” through the personally, gut-wrenching bile one needs to endure to actually win one of these seats, it is no wonder that the process was inherently flawed before this SCOTUS decision. Now? I am beginning to care less, and, becoming more chagrined by the erosion of what was arguably one of, if not “the”, greatest countries that has ever existed [1939 - 2001].
IMHO, not so much since the 1st half of 2002.

Posted by: enigma3535 | February 17, 2010, 2:50 pm 2:50 pm

The 80% opposed to decision should take note that every Justice appointed by a Democrat was in the dissenting minority (plus Stevens, appointed by a moderate Republican who probably would not be accepted in today’s GOP). The obvious conclusion is that the answer is to not put any more Republicans in the White House.

Posted by: Nick Nayme | February 17, 2010, 4:49 pm 4:49 pm

SCOTUS does not act in human interests; it acts to protect government and monied interests.

Posted by: jarjar | February 17, 2010, 5:30 pm 5:30 pm

The Supreme court decison gives corporations the power to elect a person with their biases; this gives them power on the front end. The lobyists on the other hand give them the power to effect legislation. The Supreme court in their limited wisdom have given corporations supreme power to dicitate who legislates and what is legislated.

Posted by: Jim Keating | February 17, 2010, 5:42 pm 5:42 pm

I have no doubt that the poll was loaded. Corporations are no different than organized labor, interest groups or PACs. I can only laugh at Obama’s crocodile tears after spending nearly a billion dollars on his presidential campaign after lying about taking public funding like his opponent did.

Posted by: Steve in NY | February 18, 2010, 3:39 am 3:39 am

The argument that there is already money
spent infulencing elected officials
misses the point. The founding fathers
would have never supported a entity
like a corporation having a speach rights. The CEO or the CFO or the
guy who runs the personel office at
Exxon has a free speach right and can
go to the corner and stand on a box and say anything she wants..
Judge Alito is dead wrong…he has created a system in which the person with the most money has the MOST SPEECH….IT’s WRONG WHAT THE COURT HAS DONE….

Posted by: Blackie | February 24, 2010, 2:18 pm 2:18 pm

The argument that there is already money
spent infulencing elected officials
misses the point. The founding fathers
would have never supported a entity
like a corporation having a speach rights. The CEO or the CFO or the
guy who runs the personel office at
Exxon has a free speach right and can
go to the corner and stand on a box and say anything she wants..
Judge Alito is dead wrong…he has created a system in which the person with the most money has the MOST SPEECH….IT’s WRONG WHAT THE COURT HAS DONE….

Posted by: Blackie | February 24, 2010, 2:18 pm 2:18 pm

The article is all about topic “In Supreme Court Ruling on Campaign Finance, the Public Dissents” the high court’s ruling throwing out limits on corporate spending in political campaigns & as corporation is a legal entity, not a human, it does not and should not have human rights. Corporations already had plenty of hands in campaigns, now it’s unlimited.The article is good & informative thank you for such awesome post.

Posted by: small business financing US | February 26, 2010, 6:14 am 6:14 am

heres hoping all the corporations fire all you liberals and put you on the street with all the other mooches ……………. America gets it, freedom is only if you believe or opine as or in the liberal/radical ways ……………… like the hate America agenda of obama

Posted by: American | February 27, 2010, 4:44 am 4:44 am

the scotus ruling had nothing to do with corporate contributions, only media produced by corporations within 30 days of a primary or 60 days of an election. this ruling ONLY overturned the mccain feingold law, and had NO effect on the monetary contributions of corporations or unions to PAC’s or candidates. are all you people stupid? READ THE DAMN RULING!

Posted by: StarveTheBeast | February 28, 2010, 11:58 am 11:58 am

thats great i think it will be great for the common man and it will bring some reforms in the society this is a great work by judiciary

Posted by: Business Planing | March 4, 2010, 12:29 pm 12:29 pm

Posted by: LDoren | Feb 17, 2010 1:35:47 PM: And you believe that the 73% of people “supposedly” opposed to healthcare reform read THAT bill? The NET result of this decision is that special interests, i.e. Unions, Corporations, PACs, and interest groups and lobbies, PhRMa, HMos, and others have been given a license to spread through ads, misinformation and/or blatant lies in order to steer elections towards a candidate or party that embraces their interests.

Posted by: treblig56 | March 4, 2010, 1:42 pm 1:42 pm

At the top right hand corner of Page 17 of the New York Post of January 24th, 2009 , was a short column entitled “Replacing Michelle” in the National Review “The Week” column. I found this interesting, so here it is, word for word, as it appeared:
” Some employees are simply irreplaceable. Take Michelle Obama: The University of Chicago Medical Center hired her in 2002 to run “programs for community relations, neighborhood outreach, volunteer recruitment, staff diversity and minority contracting” .
In 2005 the hospital raised her salary from $120,000 to $317,000 – nearly twice what her husband made as a Senator.
Oh did we mention that her husband had just become a US Senator?
He sure had. Requested a $1 million earmark for the University of Chicago Medical Center , in fact.
Way to network Michelle!
But now that Mrs. Obama has resigned, the hospital says her position will remain unfilled. How can that be, if the work she did was vital enough to be worth $317,000?
Let me add that Michelle’s position was a part time, 20 hour a week job. (that’s $305/hr) And to think they were critical of Blagoyovich’ s wife for taking $100,000 in a fuzzy real estate commission.”
My thoughts: How did this bit of quid pro quo corruption escape the sharp reporters that dug through Sarah Palin’s garbage and kindergarten files?

Posted by: L. Jones | March 10, 2010, 8:59 am 8:59 am

So this is the Bush Supreme Court in action: unconstitutional right-wing judicial activism and legislating from the bench at its very WORST.
Enjoying yourselves, my fellow Americans? (Which of course includes all American corporations now as well, because the Bush Court says they’re your fellow American “people” too.)
Impeach Roberts, Alito, Thomas and Scalia, in that order!

Posted by: Mark | March 18, 2010, 11:49 pm 11:49 pm

I called my Senator today, a sometimes Democrat, to find out how she was going to vote on the DISCLOSE ACT (S.3295) which would:
1. Enhance Disclaimers
Make CEOs and other leaders take responsibility for their ads.
2. Enhance Disclosures
It is time to follow the money.
3. Prevent Foreign Influence
Foreign countries and entities should not be determining the outcome of our elections.
4. Shareholder/Member Disclosure
We should allow shareholders and members to know where money goes.
5. Prevent Government Contractors from Spending
Taxpayer money should not be spent on political ads.
6. Provide the Lowest Unit Rate for Candidates and Parties
Special interests should not drown out the voices of the people.
7. Tighten Coordination Rules
Corporations should not be able to “sponsor” a candidate.
I encouraged her to vote on it and I was told that she was for it, but that she was against the NRA exception, meaning that all corporations would have disclose what and to whom they donated to but that the NRA didn’t have to. So why is the NRA excluded, are there any other loopholes?

Posted by: caroline | July 26, 2010, 7:00 pm 7:00 pm

It’s fine with me if corporations have all the rights of individual citizens. Just set the maximum amount anyone, corporation or individual, can donate to all campaigns in a year at about $2000. You can use your $2000 for whatever you want- buy a tee shirt or part of a lobbyist-, give it to many candidates or just one, but every corporation and every individual is limited to $2000. If corporations and unions want to be equal, works for me, let’s let them have exactly the same right to buy a politician as the rest of us have. Should be the biggest change in DC politics since 1776.

Posted by: Dianne Lee | July 26, 2010, 7:06 pm 7:06 pm

If our companies spend money to get their people in the workers are SCREWED!!!!!!!!!!!! Companies owned out of the USA should not be allowed to put money into the fund,Our so called leaders should get there hands out of their pockets and keep our jobs here!!!!!

Posted by: brent alberts | July 27, 2010, 11:25 am 11:25 am

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