Money, Politics, and the Constitution: Beyond Citizens United

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Three decades ago, the First Amendment had nothing to do with campaign finance law, but now claims of free speech are used to overturn legitimate campaign finance restrictions. In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential.
by Monica Youn