Preview

Regulate Political Speech

Powerful Essays
Open Document
Open Document
2609 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Regulate Political Speech
Can governments regulate political speech of corporations through restrictions on independent corporate expenditures?
Over the course of the past twenty years, the U.S. Supreme Court constantly increased constitutional protection of corporate speech under the First Amendment and repeatedly struck down regulations on commercial speech as violating the First Amendment. Although the Supreme Court recently held statutory restrictions on corporate expenditures for electioneering communications to violate the right to free speech, it is still controversially discussed whether such restrictions can be upheld under the First Amendment. However, supporters of such restrictions ignore that the First Amendment is written in terms of speech and not of
…show more content…
As PACs are burdensome and expensive to administer they reduce the quantity of speech, for the quantity of speech is limited by financial resources available for the expression of political ideas. Consequently, expenditure restrictions function as a barrier to corporate speech and thereby prevent corporate voices from reaching the public and advising voters and deprive the public of its right to decide which speech and speakers are worthy of consideration. Therefore, restrictions on corporate expenditures also restrict political speech itself. Such restrictions can only be justified if they further a compelling interest and are narrowly tailored to achieve this …show more content…
They are overinclusive because they include small corporations that do not possess the financial ability to exercise a dominant influence on the political debate and non-profit organizations. On the other hand, they are underinclusive for they exclude media corporations, although in particular modern media empires amass immense wealth and unreviewable power and are equally if not better equipped to influence the public political debate than other corporations. Many media corporations are owned or controlled by corporations that have diverse and substantial investments and participate in endeavors other than news. As a result, a corporation owning a media business and a non-media business could exercise its control over the media to advance its overall business interests whereas other corporations would be prohibited from promoting the same issue. Lastly, political speech is so integrated in this country’s culture that speakers will always find a way to circumvent campaign finance

You May Also Find These Documents Helpful

  • Satisfactory Essays

    A unanimous court in National Right to Work did not think the regulatory burdens on PAC’s, including restrictions on their ability to solicit funds, rendered a PAC unconstitutional as an advocacy corporation’s sole avenue for making political contributions.…

    • 437 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It involves three sections of the Cable Television Consumer Protection and Competition Act of 1992, as implemented by FCC regulations. Between 1984, when Congress authorized municipalities to require operators to create public access channels, and the Act 's passage, federal law prohibited operators from exercising any editorial control over the content of programs broadcast over either type of access channel. Petitioners sought judicial review of ' '10(a), (b), and (c), and the en banc Court of Appeals held that all three sections (as implemented) were consistent with the First Amendment." Legal Question presented: Do the Television Consumer Protection and Competition Act 's empowerments and restrictions violate the petitioner 's First Amendment right to freedom of speech?…

    • 755 Words
    • 4 Pages
    Good Essays
  • Better Essays

    With the bitter wounds of British tyranny still stinging, the Founding Fathers thought up the first amendment. Democracy flourishes only when freedoms to express views, both political and those of other concerns, are guaranteed. What happens, however, when your own government seizes and destroys these rights, in its attempt to censor the public 's pursuit of political knowledge. The Citizens United v. Federal Election Commission (FEC) court case brings forth this question and many more, as Citizens United, a nonprofit organization, was challenged in their attempt to broadcast "Hillary: the movie," by the FEC. The verdict, which was ruled in favor of Citizens United, deemed the film an act of the organization 'a first amendment right to free speech. Correct in their ruling, the Supreme Court upheld the abolition of restrictions…

    • 945 Words
    • 4 Pages
    Better Essays
  • Good Essays

    The Supreme Court’s controversial decision in its 2010 Citizens United v. FEC decision to ban limits on independent political expenditures by corporations incited a massive national dialogue over the issue of corporate personhood and corporations’ rights to free speech. Though politicians, including the President of the United States, and political commentators have referred to the decision as a shocking affront to democracy, the decision stands upon jurisprudence extending back nearly 150 years. The essential question that campaign finance issues beg is whether or not money should be considered speech. In this paper, I will argue that it is impossible to separate speech from the money that enables its dissemination. Further, I have developed…

    • 199 Words
    • 1 Page
    Good Essays
  • Good Essays

    Debates about the Citizens United case have been ripe throughout the entire country. In the case, the majority of the Supreme Court ruled that company broadcasts could not be limited. In addition, they ruled that there was no cap on company funding on candidates, but that there had to be a middleman of a superpac. Setting dangerous future implications, this decisions greatly undermines the future democracy of the country through condoning skewed political power based on wealth and by giving first amendment right to a company (Citizens 1).…

    • 510 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Hudgens V Labar Case Study

    • 2468 Words
    • 10 Pages

    Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right, but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government, federal or state. (Hudgens v. National Labor Relations Board, 424 U.S. 507 Lexis).…

    • 2468 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    The first amendment of the United States Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of expression by prohibiting Congress from restricting thee press or the rights of individuals to speak freely. Restricting the Monkey Juice billboards have raised an important constitutional issue which our company will use in our effort to challenge the ordinance. Because prohibiting the billboards that advertise alcohol is directly regulating speech, then it is safe to say that is directly violate the right of free speech protected by the First Amendment to the U.S Constitution.…

    • 479 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Court ruled that corporations and unions are entitled to the protection of the First Amendment for political speech and that restrictions on the ability of corporations to speak directly, rather than through separate PACs, are unconstitutional. Finding that the restrictions must survive strict scrutiny – that is, must be narrowly tailored to achieve a compelling interest – the Court rejected the Justice Department’s argument that the law was essential to prevent corruption in the political process. Writing for the majority, Justice Anthony Kennedy explained that “[t]he fact that a corporation, or any other speaker, is willing to spend money to try to persuade voters presupposes that the people have the ultimate influence over elected…

    • 1169 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Protection of Corporate Political Speech 1. How would you frame the issue and conclusion of this essay? The essay in our textbook argues that when The First amendment and the fourteenth amendment’s equal protection clause are combined, corporations are provided the rights and protection of political speech. Currently, corporations are regulated on supporting political candidates through indirect corporate funding.…

    • 687 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Super PACs

    • 288 Words
    • 2 Pages

    Political Action Committees have been around for decades. However, prior to 2010, PACs were only allowed to accept up to $2,500 per individual. Corporations and labor unions were NOT allowed to make contributions in any form or fashion. This money could then be given to political campaigns to be used for promoting their candidate. However two Supreme Court cases changed that in 2010. Citizens United v. Federal Election Commission ruled that a television advertising for Michael Moore's "Fahrenheit 9/11" was legal despite Citizens United’s protest that it unfairly and illegally advocated against the re-election of George Bush. Later that year, Speechnow.org v. FEC led to the ruling that the creation of independent expenditure-only groups, or Super PACs was constitutional so long as they did not coordinate directly with parties or candidates. Thus, the Super PAC was born.…

    • 288 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Government 2305

    • 964 Words
    • 4 Pages

    -Federal laws governing campaign financing have allowed corporations, labor unions, and special interest groups to raise funds and make campaign contributions through Political action committees…

    • 964 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Contention 2: The decision by the court actually prevents corruption. Matthew Melone, a professor from Depaul University, notes that, “To believe that corporate advocacy will distort the political process and lead to public lack of confidence in the system is to miss the point that influence will continue to be sought by other means. As long as elected officials offer themselves up…

    • 809 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The First Amendment is arguably the most controversial issue with regards to the constitution since it was ratified in 1787. Under the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” However, the Bipartisan Campaign Reform Act (BCRA) directly contradicts the First Amendment by regulating the financing and advertising of Political campaigns. The two features of BCRA are the restriction of soft money and issue advocacy. First, this act bans the raising of soft money by federal candidates or national parties and restricts the spending of soft money by state parties. Second, this act created a new election law, electioneering communication, which prohibits the use of political advertisements that “refers” to a federal candidate within thirty days of a primary election or sixty days of a general elections. The First Amendment is arguably the most controversial issue with regards to the constitution since it was ratified in 1787. Under the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” However, the Bipartisan Campaign Reform Act (BCRA) directly contradicts the First Amendment by regulating the financing and advertising of Political campaigns. The two features of BCRA are the restriction of soft money and issue advocacy. First, this act bans the raising of soft money by federal candidates or national parties and restricts the spending of soft money by state parties. Second, this act created a new election law, electioneering communication, which prohibits the use of political advertisements…

    • 997 Words
    • 29 Pages
    Good Essays
  • Powerful Essays

    Haac Pros And Cons

    • 2234 Words
    • 9 Pages

    Free speech, more than any other of America’s values, has been the touchstone of American democracy dating back to the Bill of Rights. The First Amendment, created in 1791, is so important because “without our basic and essential rights established by that first amendment, the others amendments would have little to no meaning and hardly any force.” It shows the creativity and innovativeness of American democracy. The Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” However, almost from the moment the…

    • 2234 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    The arguments between the Anti-Federalists and Federalists led to the creation of a document that has stood the test of time and new governments have repeatedly modeled their governmental structure off of the Constitution. Despite the overwhelming majority of the Anti-Federalists’ concerns over many of the Constitution’s provisions being unfounded, their apprehensions regarding disproportionate amount of influence men of property could have on government officials have since become a scary reality, ironically due to their own insistence on implementing a Bill of Rights. Since the Supreme Court deemed that the United States government had no right to limit money spent on elections in Citizens United vs. Federal Election Commission, wealthy donors, including corporations, have contributed millions upon millions of dollars into elections at all different levels of…

    • 1803 Words
    • 8 Pages
    Good Essays