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RufusW
Joined: 14 Jun 2008 Location: Busan
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Jan 21, 2010 2:39 pm Post subject: |
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I agree. Uh oh.
From Stevens' dissent: "While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics."
It's on issues like this one that I agree with Jefferson and Jackson. |
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Fox

Joined: 04 Mar 2009
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Posted: Thu Jan 21, 2010 3:11 pm Post subject: |
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The stupidest thing about this is that when things like Medicare are up for discussion, Republicans say things like, "One of these days you and I are going to spend our sunset years telling our children and our children�s children what it was like in American when men were free." When a genuine issue that impacts our political freedoms comes up, though, they say nothing of the sort. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Jan 22, 2010 1:05 am Post subject: |
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It [the decision] is expected because the conservative Supreme Court majority literally requested that the case come before it. This is not unprecedented but highly unusual and reflective of the growing aggressiveness of that majority in rewriting precedent.
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http://www.huffingtonpost.com/michael-kieschnick/the-worst-court-decision_b_431957.html
Is this true?
Is this a case of conservative 'activist judges' reaching out for cases to change the law?
The law was too weak by half before this.
What's it going to take to get the left riled up enough to start making more noise than the right? |
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mises
Joined: 05 Nov 2007 Location: retired
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Posted: Fri Jan 22, 2010 5:20 am Post subject: |
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Terrible decision. |
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mises
Joined: 05 Nov 2007 Location: retired
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Kuros
Joined: 27 Apr 2004
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mises
Joined: 05 Nov 2007 Location: retired
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Posted: Fri Jan 22, 2010 7:25 am Post subject: |
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Still Politics-As-Usual
First, the assertion that corporations will suddenly have broad new power to donate to political goals is perplexing. Corporations have long had the ability to further their political desires. They've been permitted to establish and donate to political action committees (PACs) to this end. I'm sure anyone reading this has seen ads by union or corporate lobbyist PACs about various issues or in favor of various candidates. This ruling would eliminate the need for that middleman, but the result would be essentially the same. |
Terrible argument. If anything, the power of non-humans should be diminished. That the status quo already blows isn't an argument for making it blow more.
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Neither Party Vastly Benefits
Second, this doesn't vastly favor Republicans as most reports indicate. These days, most big businesses hedge their bets and donate to both parties. Or more appropriately, they donate to whoever is in power, or likely to be. That's why the Obama campaign did so well. Not all that money was from individuals -- a large portion was from corporations, or their PACs. |
Because they are the same party, at bottom. They are the party of whoever donates the most. This is the problem, isn't it? Actual humans don't get reasonable public policy but the firms get whatever they want.
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Good For Small Business
Next, while talking to my colleague Chris Good about the ruling, I concluded that it actually could be good for free market competition. Chris noted that, prior to the ruling, big businesses had PACs or gave money to powerful lobbyists who have PACs on their behalf, small ones didn't. So a company like Wal-mart wields a great deal of political power, as do other big companies. But what about the smaller businesses? They often didn't have the resources to establish PACs, or the same political objectives as the big firms' lobbyist PACs champion. As a result, small business had largely been left on the sidelines when it came to politics. Yesterday's ruling changes that. |
What a stupid argument. He with the biggest budget will win. This is terrible for small business, who are already under complete assault at the state and local level by governments who do the bidding of their largest contributors.
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Like It Or Not, It's Free Speech
Finally, if you believe that a capitalist free market society is what the U.S. ought to have, then this ruling is a positive step in that direction. It's a step forward for free speech. Corporations are groups of individuals, and they should be able to voice their political beliefs without significant barriers. This ruling allows for that. The key thing to remember here is that Americans are also free disagree with, dispute or ignore coporate political ads.
For example, if Goldman Sachs ran ads championing giant banker bonuses, that probably wouldn't go over well with average Americans. But if it has legitimate arguments for why certain regulatory proposals would hurt the U.S. economy, shouldn't it be able to voice those concerns in a public forum? If you believe in freedom of speech, then the only answer can be "yes." |
Free speech is for human beings. Not artificial creations of the state (the limited liability corporation). Giving GE the same lobbing power as Kuros is not "capitalist". It is corporatist.
As a side, I absolutely hate The Atlantic. I have a subscription and it goes from my mailbox to the garbage. I might have to shred it first. |
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bacasper

Joined: 26 Mar 2007
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Posted: Fri Jan 22, 2010 7:36 am Post subject: |
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Kuros has a point: with all the money corporations already spend on politicians, how much difference can this really make?
Anyway, do fight back at www.savedemocracy.net.
But this might just be the right time to quit teaching and become a lobbyist. Can anyone recommend some good lobbying stocks? |
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Fox

Joined: 04 Mar 2009
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Posted: Fri Jan 22, 2010 7:51 am Post subject: |
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Still Politics-As-Usual
First, the assertion that corporations will suddenly have broad new power to donate to political goals is perplexing. Corporations have long had the ability to further their political desires. They've been permitted to establish and donate to political action committees (PACs) to this end. I'm sure anyone reading this has seen ads by union or corporate lobbyist PACs about various issues or in favor of various candidates. This ruling would eliminate the need for that middleman, but the result would be essentially the same. |
This doesn't even make sense. Yes, corporations have long had the ability to further their political desires through donation, but not in unlimited amounts, and the proxy organizations they donated to were bound by rules and regulation that limited their own ability to act. There's a reason, after all, that this case ended up before the Supreme Court in the first place. Saying the end result will be the same is like saying the end result of a car crash is the same as the end result of a fleet of airplanes crashing. Yes, they both end in explosions, but on totally different scales.
Further, aren't corporations currently actually barred from donating directly to federal-level PACs? According to wikipedia:
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Contributions by individuals to federal PACs are limited to $5,000 per year. Corporations and unions may not contribute directly to federal PACs, though they may pay for the administrative costs of a PAC affiliated with the specific corporation or union. Corporate-affiliated PACs may only solicit contributions from executives, shareholders, and their families, while union-affiliated PACs may only solicit contributions from members. "Independent" PACs not affiliated with a corporation, union, or trade or membership association may solicit contributions from the general public but must pay their operating costs from these regulated contributions. |
Somehow, allowing corporations to directly spend money in unlimited amounts seems a bit different than that to me.
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Neither Party Vastly Benefits
Second, this doesn't vastly favor Republicans as most reports indicate. These days, most big businesses hedge their bets and donate to both parties. Or more appropriately, they donate to whoever is in power, or likely to be. That's why the Obama campaign did so well. Not all that money was from individuals -- a large portion was from corporations, or their PACs.
For example, the Democrats' priorities align with plenty of corporate interests. Many businesses, and the U.S. Chamber of Commerce, supported last year's stimulus. The tech industry is dominated by campaign contributions to the left, to further goals like net neutrality. Firms who are heavily involved in green tech initiatives also favor the Democrats. The HMOs love the health care reform bill. And of course, something like 99% of unions' political spending goes to Democrats. While the Republicans will certainly continue to be favored by some parts of business, so will Democrats. |
This might be a relief to people who play team-sport politics, but it's little good for the rest of us. While the author is almost assuredly wrong, and the Republicans actually almost assuredly will benefit from this more than the Democrats at least to some degree, even if it affected them at a precisely even level, so what? It doesn't change the fact that increased corporate influence in our politics results in reduced citizen influence in our politics. That's the problem. This isn't about Democrats or Republicans, it's about citizen influence vs. corporate influence. The fact that many corporations are foreign owned only exacerbates this issue.
Even bringing up parties is a total red herring. If corporations played it smart, they'd use their new found influence most strongly in primary elections to ensure that no candidate who was a serious threat to the policies of their choice even made it out of the gates and into an actual general election. So long as both the Democrat and the Republican candidate are grade-A corporate certified, the corporations can't lose, and the public can't win.
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Good For Small Business
Next, while talking to my colleague Chris Good about the ruling, I concluded that it actually could be good for free market competition. Chris noted that, prior to the ruling, big businesses had PACs or gave money to powerful lobbyists who have PACs on their behalf, small ones didn't. So a company like Wal-mart wields a great deal of political power, as do other big companies. But what about the smaller businesses? They often didn't have the resources to establish PACs, or the same political objectives as the big firms' lobbyist PACs champion. As a result, small business had largely been left on the sidelines when it came to politics. Yesterday's ruling changes that.
Imagine if Wal-mart's PAC donated money to a political campaign of a candidate who promised the company he'd fight to build one of their stores in his district. That would likely put smaller, local retailers out of business. Up to now, they couldn't much to compete with the ads for that candidate that Wal-mart would indirectly support through its PAC donations. Now, they can create commercials or donate directly to candidates to fight against that. So really, this ruling could may help small business and hurt big business. |
Again, this is just plain silly. Small businesses don't have sufficient resources to attempt to go toe-to-toe on a financial level with corporations like Wal-mart. That's why they're small businesses. A corporation like Wal-mart could match every small business in town dollar for dollar and still have plenty left over to tilt things in their favor if they wanted.
That said, small businesses shouldn't have any more of a say in our politics than big businesses. Businesses aren't human beings. They are noncorporeal entities with vastly different interests than actual human beings. They don't have a part to play in our politics at all, whether they're big businesses or small businesses.
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Like It Or Not, It's Free Speech
Finally, if you believe that a capitalist free market society is what the U.S. ought to have, then this ruling is a positive step in that direction. It's a step forward for free speech. Corporations are groups of individuals, and they should be able to voice their political beliefs without significant barriers. This ruling allows for that. The key thing to remember here is that Americans are also free disagree with, dispute or ignore coporate political ads.
For example, if Goldman Sachs ran ads championing giant banker bonuses, that probably wouldn't go over well with average Americans. But if it has legitimate arguments for why certain regulatory proposals would hurt the U.S. economy, shouldn't it be able to voice those concerns in a public forum? If you believe in freedom of speech, then the only answer can be "yes." |
Firstly, corporations shouldn't have the right to free speech. They aren't citizens. Second, while free speech is an important thing, we do in fact limit freedom of speech in situations where its exercise can lead to harm to society. Slander and libel are valid limitations on freedom of speech, for example, because people engaging in slander or libel harms society. Well corporations spending unlimited funds harms society even more, sad to sad, so there's good cause for limiting corporate "freedom of speech." That is, of course, if they even had a right to freedom of speech, which they should not.
This kind of apologia for this horrible ruling is exactly what shouldn't be happening. This is just disgusting. |
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Fox

Joined: 04 Mar 2009
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Posted: Fri Jan 22, 2010 7:57 am Post subject: |
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bacasper wrote: |
Kuros has a point: with all the money corporations already spend on politicians, how much difference can this really make?
Anyway, do fight back at www.savedemocracy.net.
But this might just be the right time to quit teaching and become a lobbyist. Can anyone recommend some good lobbying stocks? |
Congressman Grayson's petition is the first petition I've ever actually signed in my entire life. |
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Kuros
Joined: 27 Apr 2004
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Posted: Fri Jan 22, 2010 7:58 am Post subject: |
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I haven't read the decision, but its on my to do list. From what little I've gathered, it looks like the Conservatives waved aside all the relevant case law and exceptions to get to this result.
In the meantime, I just don't see the practical effects being that dire. The situation was bad with McCain-Feingold, the situation will be just as bad without it.
I really don't have any of the spleen for this as you all seem to have. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Fri Jan 22, 2010 9:51 am Post subject: |
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Still Politics-As-Usual
First, the assertion that corporations will suddenly have broad new power to donate to political goals is perplexing. Corporations have long had the ability to further their political desires. They've been permitted to establish and donate to political action committees (PACs) to this end. I'm sure anyone reading this has seen ads by union or corporate lobbyist PACs about various issues or in favor of various candidates. This ruling would eliminate the need for that middleman, but the result would be essentially the same. |
An important part of this quote is just not true:
Yes, corporations have long had the power to establish PACs,
BUT
corporations, prior to this new ruling, were not able to donate one penny to any candidate, directly, or indirectly through a PAC.
The only thing a corporation could do was to create the PAC and provide it with free office space and overhead.
All donated funds going to candidates had to come from individual donors. The individuals were limited in the amount they could donate to the PAC, just as the PAC was limited in the amount they could donate to any one candidate.
Many large corporate PACs were set up so that individuals donating to the PAC could select which candidate(s) and parties would receive their donations. The PAC only acted as a conduit to transmit individual donations in group checks, subject to PAC limits, donating to Ds and Rs and both sides of campaigns.
This new ruling is a major game change.
It is a good thing, however.
Every group of individuals must be allowed its right to freedom of speech, even if you don't like what they have to say. We have allowed fascist-socialist Democrats, communist-socialist Republicans and FCC, government-controlled, big media to dominate the political processes for too long.
Every individual, and every group of individuals, should be allowed to exercise their right to absolute freedom of speech at all times.
The truth is that America's political parties and candidates have been underfunded for generations. Keeping money out of politics and preventing free speech serves the interests of government, state control and incumbents.
Free elections requires the possibility of a small group of large donors funding unknown candidates, new parties, third parties and independents allowing them the chance to compete against the two state-controlled monopoly parties.
In a totally free electoral system, it is likely that both the D and R parties would be dead and gone in just a few years.
This ruling is a good first step in opening up the process. It is good for the people who will have more electoral information and more candidates to choose from.
It is bad for the fascists, socialists, communists and other big government supporters. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Jan 22, 2010 11:35 am Post subject: |
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While money does not equal political control on a clear one-to-one basis (if it did Bloomberg would have won a far more decisive victory in NYC), there has long been far too much influence by corporate interests: Wall Street over Main Street, as it were.
I think this is right: �Michael Waldman, executive director of the Brennan Center for Justice at New York University Law School, who drew this pithy comparison: Under the old dispensation, which prohibited direct corporate expenditures on elections for nearly a century, Exxon Mobil could spend only what its political action committee raised from executives and employees. In 2008, said Waldman, that was roughly $1 million. Under the new order, the world's biggest oil company can spend as much as its management cares to siphon from its earnings -- which in 2008 amounted to $45 billion.�
http://www.salon.com/news/tea_parties/index.html?story=/opinion/conason/2010/01/21/citizenstea
The heart of the problem has been that politicians must fund-raise almost nonstop to pay for election campaigns. All too often they have to make deals to get money. Of course they need to reflect the interests of their district, but they shouldn't be bought and paid for. How can you stand up to someone who has the money to spend what it takes to defeat you?
The other day Kuros said he sees madness in the American political situation. I agree this Court decision is madness--it may be the clearest and best example of the madness yet. This decision did not have to be made on First Amendment grounds. Corporations have been restricted since 1907--when T. Roosevelt was president. Corporations should not have 'double rights' and that has been established law for a century. Dahlia Lithwick wrote: "Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is "to confuse metaphor with reality."
From the NYT editorial: "This issue should never have been before the court. The justices overreached and seized on a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Rodham Clinton during the 2008 campaign. The court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity, and it scheduled arguments during its vacation.
http://www.nytimes.com/2010/01/22/opinion/22fri1.html?hp
Usually the Court refrains from making far-reaching decisions like this unless there is a decisive majority: Marbury v Madison (5-0), Brown v Board of Education (9-0). A 5-4 majority on an issue of this magnitude is just too political.
To paraphrase what someone said: The Dred Scott decision turned some people into things. Now the Court has turned some things into people. It just feels so wrong. |
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thecount
Joined: 10 Nov 2009
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Posted: Fri Jan 22, 2010 12:57 pm Post subject: |
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http://www.campaignfreedom.org/blog/detail/how-the-fec-lost-citizens-united-or-so-we-think
At the heart and soul of this, you have a political commentary, being banned by the government. Period.
Here's why the FEC lost: it equated ALL FORMS speech as equally prohibitable under the McCain/Feingold.
Excerpt:
"I'm not asking what the statute says," Justice Alito stated, going on to ask, "The government's position is that the First Amendment allows the banning of a book if it's published by a corporation?"
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To this, the Deputy Solicitor General was backed against the wall, and did not retreat from his earlier pro-government regulatory position. "[A] corporation could be barred from using its general treasury funds to publish the book and could be required to ... raise funds to publish the book using its PAC" with contribution limited by campaign finance law, Stewart insisted.
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Then the Chief Justice chimed in, asking whether that would be true if the book contained only "one use of the candidate's name"?
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"That's correct," Stewart responded a few interchanges later, further explaining, "Yes, [the government's] position would be that [any] corporation could be required to use PAC funds rather than general treasury funds."
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"And if they didn't, you could ban it?" the Chief Justice made crystal clear.
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"If they didn't, we could prohibit the publication of the book," Stewart agreed.
That is what the government was arguing for. The position gets deeper and quite disturbing:
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"...the Deputy Solicitor General tried to change the subject to the fact that Citizens United could have used other distribution methods to get the movie into the hands of the public, like posting the video for download from the group's Web site or for viewing on YouTube. But Justice Alito immediately brought Stewart back to the scope and breadth of what the government was claiming it could regulate.
"If they had done either of the things you just mentioned, putting it on its Web site or putting it on YouTube," Justice Alito interjected, "your position would be that the Constitution would permit the prohibition of that during the period prior to the primary or the election?"
"Yes," Stewart was eventually forced to answer. |
So the Government was fighting for prohibition of youtube speech, book speech, even speech on the corporation's own website. I, like many, find the final ruling shocking - I am shocked that 4 justices opposed such rampant destruction of the first amendment. |
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