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To Protect Clinton, Dems Wage War on Own Core Citizens United Argument
The crux of the Citizens United ruling was that a legal ban on independent corporate campaign expenditures constituted a limit on political speech without sufficient justification, and thus violated the First Amendment’s free speech guarantee. A primary argument of the Obama Justice Department and Democrats generally in order to uphold that campaign finance law was that corporate expenditures are so corrupting of the political process that limits are justified even if they infringe free speech. In rejecting that view, this was the key argument of Justice Anthony Kennedy, writing for the five-judge conservative majority (emphasis added):
For the reasons explained above, we now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.
Does that sound familiar? It should. That key argument of the right-wing justices in Citizens United has now become the key argument of the Clinton campaign and its media supporters to justify her personal and political receipt of millions upon millions of dollars in corporate money: “Expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption” — at least when the candidate in question is Hillary Clinton.
Indeed, the Clinton argument actually goes well beyond the Court’s conservatives: In Citizens United, the right-wing justices merely denied the corrupting effect of independent expenditures (i.e., ones not coordinated with the campaign). But Clinton supporters in 2016 are denying the corrupting effect of direct campaign donations by large banks and corporations and, even worse, huge speaking fees paid to an individual politician shortly before and after that person holds massive political power.
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Conversely, the once-beloved Citizens United dissent from the Court’s liberals, written by Justice Stevens, was emphatic in its key claim: that there are many other forms of corruption brought about by corporate campaign expenditures beyond such quid pro quo — i.e., bribery — transactions. Their argument was that large amounts of corporate cash are almost inevitably corrupting, and certainly undermine trust in the political system, because of the many different ways (well beyond overt quid pro quos) that corporations convert their expenditures into undue influence and access:
more
https://theintercept.com/2016/04/14/to-protect-clinton-democrats-wage-war-on-their-own-core-citizens-united-argument/
The God of neoliberal Reform, hollowed-out be thy name...
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