Let Citizens United Speak!

Why the Supreme Court should abolish political speech limits on corporations and unions.

By Eliot Spitzer
Posted Friday, Sept. 4, 2009, at 5:57 PM ET

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When the ACLU and the NRA are on the same side of a Supreme Court case, opposing the majority of so-called "good government" groups, you know something odd is afoot. In Citizens United v. Federal Election Commission, to be argued on Sept. 9, two core principles that do not easily lend themselves to compromise run into each other head-on. One is the First Amendment, which has the advantage of constitutional enshrinement along with a huge base of absolutist supporters. The second is the well-reasoned effort to rein in the influence of money in politics, which has the support of editorial boards, civic groups, and those who aspire to a democracy where money does not determine whose political views are heard.

The "Hillary: The Movie Case"—as it's commonly known—poses the following question: During the days before an election, can the federal government prohibit Citizens United, a not-for-profit corporation that received minimal corporate donations, from airing advertisements for a movie that, while critical of Hillary Clinton, does not explicitly tell viewers to vote for or against her. At issue is Section 203 of the Bipartisan Campaign Reform Act of 2002 (the McCain-Feingold Act). That provision makes it a federal crime for corporations or unions to fund "electioneering communications," defined as broadcast, cable, or satellite communications aired 60 days before a general election or 30 days before a primary election that refer to a clearly identified federal officeholder or candidate.