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Cases of free speech in the Supreme Court

by David Elder

Created on: January 22, 2010

In its recent decision regarding Citizens United vs. The Federal Elections Commission, the United States Supreme Court has effectively handed the election process over to Corporate America. The 5 to 4 majority position stated that American corporations have constitutional 1st amendment rights of free speech, and thus should not be barred from expressing their opinions in the political arena, regardless of how much money they are willing to spend. The court offered an opinion over a lawsuit lost by Citizens United, a Political Action Committee, over a decision by the Federal Elections Commission to block the public airing of a ninety minute smear video concerning Hillary Clinton in the 2008 Presidential elections.

This misguided ruling, which was supported by the conservative side of the Court, will allow corporations, and other organizations such as labor unions, to sway public opinion through the massive infusion of cash for campaign ads and videos. The ramifications of this decision are harrowing, and will allow the implicit purchase of candidates by pandering billionaires whose primary goal is to influence legislation for the purpose of private gain.

Meanwhile the ordinary citizens, for whom the 1st Amendment was created in the first place, find themselves voiceless and manipulated in the face of overwhelming resources of the mega-rich. The 1st Amendment was never meant to protect influence peddlers, but rather to shield the individual who wishes to express a minority or unpopular opinion.

American corporations have, for the most part, shown a dismaying lack of conscience when it comes to those in their employ, or for the state of the American economy. Outsourcing jobs to other countries, and generally favoring profit above any sense of social responsibility has proven to be the trend of business ethics in recent decades. Many have argued that competition has fueled the need for such practices, but in reality no savings from austere cost cutting has ever been passed on to the consumer. On the contrary, the businesses that employ such tactics only grow larger and more powerful.

There is little doubt that the decision to allow unlimited funding for elections from private enterprise will result in fewer viable choices at the ballot box, and even more inequitable legislation from our politicians.

For the average American citizen, the privilege of voting is sacrosanct. We wade though the claims of the candidates, making up our own minds and casting our votes

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