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Subj: Re: Mandarin stories should begin with the premise that he's already won
Posted: Wed Dec 13, 2017 at 07:51:57 pm EST (Viewed 181 times)
Reply Subj: Mandarin stories should begin with the premise that he's already won
Posted: Sat Dec 09, 2017 at 05:08:21 pm EST (Viewed 194 times)
I don't mean this in a bad way, but Citizens United isn't about legalized bribery. It is unfortunate that the propaganda about the case far exceeds it's reality.
Here is what the case is about:
In 2002, Congress passed and President Bush signed the Bipartisan Campaign Reform Act (aka McCain-Feingold). One of the provisions prevented campaign electioneering (paying for ads, pamphlets, et cetera) by third parties 30 days before a federal primary and 60 days before a federal election.
In 2008, a private citizen's group called Citizen's United wanted to show a film called Hillary: The Movie, which was critical of Hillary Clinton. The Clinton campaign threatened to file a complaint with the FEC because the showings were within 30 days of several primaries. In response, Citizen's United filed a complaint to clarify their right.
The Supreme Court ruled that the BCRA violated the First Amendment as to the 30 and 60 day limitation.
Bear in mind that the ruling is important as to the First Amendment. In oral arguments, the government admitted that they could stop a book publisher from publishing a book critical of a candidate. Flyers from non-profit organizations would equally be illegal.
There have been several incorrect statements made about the case.
For example, the ruling that corporations are people. Citizens United did not make that decision. Corporate personhood has been accepted since 1818 and in 1886, the Supreme Court stated that a corporation has the same protections as a person.
Or the ruling that money is speech. Again, not decided in Citizens United. That was decided in 1976.
Thus, it was really about whether a citizens group could have their speech restricted and the Court ruled no.
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