Associate Clinical Professor at Loyola Law School, Los Angeles, and President of the Los Angeles Ethics Commission.
While many elected officials, members of the media, and members of the general public have expressed outrage over the Supreme Court’s recent decision in Citizens United, the real danger of that decision lurks beneath the surface. The decision, which allows corporations to use general treasury funds to make ads that support or oppose candidates for elected office, has been widely criticized as giving corporations a larger voice in elections. There can be little doubt that the Court’s decision will do just that.
However, the truly dangerous part of the decision is not its outcome; it is instead the way that the Court decided the case.
Citizens United is a conservative non-profit corporation which sought to air a movie on Video-On-Demand critical of then-Presidential Candidate Hilary Clinton during her primary election battle with now-President Barack Obama. When it brought its case to the Supreme Court, Citizens United brought forth a narrow challenge, claiming that a portion of Bipartisan Campaign Reform Act (commonly known as McCain-Feingold) was unconstitutional only as applied to it. Citizens United had abandoned its much broader claim which asked the Court to declare a provision of McCain-Feingold to be unconstitutional as applied to everyone.