Free Speech for All

by John Samples and Ilya Shapiro

Will the Supreme Court's Citizens United decision destroy American democracy? You might think so given the responses of its critics. The Citizens United decision, far from signaling the fall of the republic, strengthens the First Amendment and freedom of speech.

Let's start with the facts of the case. Citizens United, a nonprofit political advocacy group, produced a film called "Hillary: The Movie" about the current Secretary of State, who at the time was a presidential candidate. The movie did not reflect well on Ms. Clinton but did not explicitly advocate her defeat in the 2008 presidential contest. Citizens United planned to show the film in theatres, sell it as a DVD, and make it available on-demand on cable TV. The group also planned to run ads marketing the movie.

What could be the problem with Citizens United's plans? Supporters of Hillary Clinton would not like the movie, but the First Amendment protects all speech, especially criticism of powerful political figures.

Citizens United knew, however, that distributing the movie—or even running ads for it!—was illegal under the McCain-Feingold campaign finance "reform." That is, part of McCain-Feingold prohibited advertising about candidates funded by corporations or labor unions during primaries and general elections.

But Citizens United is a corporation—that it's a nonprofit doesn't matter—Hillary Clinton was a candidate, and the movie most definitely discussed the merits of her candidacy. Showing the movie and even advertising it would thus be illegal unless the courts invalided the relevant section of McCain-Feingold as a violation of the First Amendment (as the Supreme Court already has with several other parts of the law).

The courts have long upheld campaign finance regulations as a way to prevent corruption (or the appearance of corruption) in elections. Contributors to campaigns might buy favors from candidates once they are in office, for example, so contribution limits are supposed to deter such exchanges. Read The Rest @ CATO