Blog: First thoughts on Citizens United v FEC
What Citizens United does:
It allows corporations or unions to use general funds (shareholder money or members' dues) to publish, using broadcast, cable or satellite media, "electioneering communications" (messages for or against a particular candidate) within 30 days before a presidential primary or 60 days before a general election.
What Citizens United does not do:
It does not forbid disclosure of the identities of the donors, unless they could show danger to themselves.
It does not affect prohibition on direct contributions to candidates (because the issue was not presented).
What the decision may do:
It may result in corporations or unions bombarding the public with ads just before an election. It may, as some are suggesting, change the course of American democracy.
Or not. First, no one really knows how the public will react to these ads, knowing their sources. It could seriously backfire, given the current mood of the people, to have them know that a particular candidate is the darling of a union or a big corporation. It could upset shareholders to find out their money is being used to support candidates whom they dislike. It could be dangerous for corporations to buck the party with the power to tax them or control them in other ways. We don't yet know.
My modest suggestion:
First, in the words of Douglas Adams: "Don't panic."
I don't believe a constitutional amendment would be wise. First, the wording of the one I've seen probably conflicts with the First Amendment. Second, it would be an enormous undertaking (2/3 of House and Senate would have to pass it and 3/4 of state legislatures would have to ratify it) that would consume the energy of the proponents, energy needed elsewhere.
Instant disclosure, though, is very doable, as the Sunlight Foundation has proposed. (http://bit.ly/8SHmDS.) Congress could require corporations and unions sponsoring ads to instantly disclose their identities online. Congress could require the ad itself to state "sponsored by Giant Corporation or Big Union." Viewers of such ads would know immediately whose voice was speaking.
All for now.
