Supreme Court--on Political Messaging

Supreme Court Gives Corporations, Unions Power to Spend Unlimited Sums on Political Messaging

Corporations, trade associations, unions and nonprofit groups still aren't allowed to make direct contributions to federal politicians, but today, the U.S. Supreme Court ruled that such groups may now spend unlimited amounts of money advocating for or against politicians.

In doing do, the Supreme Court, led by Justice Anthony Kennedy, tossed out the distinction between individuals and corporations and their ilk when it comes to independent expenditures.

"This Court now concludes that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption," Kennedy wrote in the majority opinion in Citizens United v. Federal Election Commission. "That speakers may have influence over or access to elected officials does not mean that those officials are corrupt. And the appearance of influence or access will not cause the electorate to lose faith in this democracy."

Chief Justice John Roberts, Samuel Alito, Clarence Thomas and Antonin Scalia joined Kennedy today in overturning Supreme Court precedent that relates to these restrictions. They were not persuaded by the rational for distinguishing between the wealth of individuals and corporations. Nor were they sympathetic to the anti-corruption argument.

The court's more liberal bloc -- Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor -- disagreed.