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Supreme Court Rejects Ban on Corporate Political Spending

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Supreme Court Rejects Ban on Corporate Political Spending Editor: Henry Reichman, California State University, East Bay Founding Editor: Judith F. Krug (1940–2009) Publisher: Barbara Jones Office for Intellectual Freedom, American Library Association ISSN 0028-9485 March 2010 Vol. LIX No. 2 www.ala.org/nif Overruling two important precedents about the First Amendment rights of corpora- tions, a bitterly divided Supreme Court ruled January 21 that the government may not ban political spending by corporations in candidate elections. The 5-to-4 decision was a vindication, the majority said, of the First Amendment’s most basic free speech principle—that the government has no business regulating political speech. The dissenters said that allowing corporate money to flood the political market- place would corrupt democracy. The ruling represented a sharp doctrinal shift, and it will have major political and practical consequences. Specialists in campaign finance law said they expected the deci- sion to reshape the way elections are conducted. Though the decision does not directly Supreme address them, its logic also applies to the labor unions that are often at political odds with big business. Court President Obama called the decision “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.” rejects ban The justices in the majority brushed aside warnings about what might follow from their ruling in favor of a formal but fervent embrace of a broad interpretation of free on corporate speech rights. “If the First Amendment has any force,” Justice Anthony M. Kennedy wrote for the majority, which included the four members of the court’s conservative wing, “it prohibits political Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” spending The ruling, Citizens United v. Federal Election Commission, overruled two precedents: Austin v. Michigan Chamber of Commerce, a 1990 decision that upheld restrictions on corporate spending to support or oppose political candidates, and McConnell v. Federal Election Commission, a 2003 decision that upheld the part of the Bipartisan Campaign Reform Act of 2002 that restricted campaign spending by corporations and unions. The 2002 law, usually called McCain-Feingold, banned the broadcast, cable or satel- lite transmission of “electioneering communications” paid for by corporations or labor unions from their general funds in the thirty days before a presidential primary and in the sixty days before the general elections. The law, as narrowed by a 2007 Supreme Court decision, applied to communications (continued on page 59) Published by the ALA Intellectual Freedom Committee, Martin Garnar, Chair in this issue targets of the censor books Supreme Court rejects ban on corporate And Tango Makes Three �������������������������������������������� 52, 73 political spending ������������������������������������������������������������� 41 Brown Bear, Brown Bear, What Do You See? ����������������� 57 Buster’s Sugartime ����������������������������������������������������������� 53 IFC report to ALA Council ���������������������������������������������� 43 The Catcher in the Rye ���������������������������������������������������� 48 The Diary of a Young Girl: the Definitive Edition ���������� 57 resolution in honor of the LeRoy C. Merritt In the Middle of the Night ������������������������������������������������ 51 Humanitarian Fund’s fortieth anniversary ����������������������� 44 The League of Extraordinary Gentlemen: Black Dossier ����������������������������������������������� 52 FTRF report to ALA Council ������������������������������������������ 45 Lessons from a Dead Girl ������������������������������������������������ 56 Mastering Multiple Position Sex ������������������������������������� 53 West Bend Library wins Downs Award........................... 46 Merriam Webster’s Collegiate Dictionary ����������������������� 55 The Nigger of the Narcissus �������������������������������������������� 81 conservatives gain in Texas textbook battle �������������������� 46 One of Those Hideous Books Where the Mother Dies ���� 54 Tortilla Curtain ���������������������������������������������������������������� 55 AAUP unveils new Journal of Academic Freedom �������� 47 Twisted ����������������������������������������������������������������������������� 56 Unwind ����������������������������������������������������������������������������� 56 J.D. Salinger, 1919–2010 ������������������������������������������������� 48 periodicals Bolshoi Gorod [Russia] ��������������������������������������������������� 79 Facebook founder: online privacy Forbes Russia [Russia] ���������������������������������������������������� 50 not a “social norm” ���������������������������������������������������������� 48 New Times [Russia] ���������������������������������������������������������� 49 Novaya Gazeta [Russia] �������������������������������������������������� 49 press freedom in Russia: a tale of contradictions ������������ 49 Vedomosti [Russia] ����������������������������������������������������������� 78 censorship dateline: libraries, films schools, university, foreign ���������������������������������������������� 51 Balibo [Indonesia] ������������������������������������������������������������ 80 Russia-88 [Russia] ����������������������������������������������������������� 81 from the bench: U.S. Supreme Court, schools, colleges and universities, libel, video games, public employee speech, prisons ������������������������������������� 59 is it legal?: colleges and universities, Views of contributors to the Newsletter on Intellectual Freedom are not necessarily those of the editors, the Intellectual Freedom privacy, telecommunications ������������������������������������������� 67 Committee, or the American Library Association. success stories: library, colleges and universities ������������ 73 (ISSN 0028-9485) Newsletter on Intellectual Freedom is published bimonthly (Jan., Mar., May, July, Sept., Nov.) by the American Library Association, 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- able online at www.ala.org/nif. Subscriptions: $70 per year (print), which includes annual index; $50 per year (electronic); and $85 per year (both print and electronic). For multiple subscriptions to the same address, and for back issues, please contact the Office for Intellectual Freedom at 800-545-2433, ext. 4223 or [email protected]. Editorial mail should be addressed to the Office of Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL and at additional mailing offices. POSTMASTER: send address changes to Newsletter on Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 42 Newsletter on Intellectual Freedom IFC report to ALA Council as member mentor and Deborah Caldwell-Stone, deputy director of the Office for Intellectual Freedom, will serve as Following is the text of the ALA Intellectual Freedom staff liaison. Our emerging leaders are Eileen Bosch, Toni Committee’s report to the ALA Council, delivered by IFC Dean, Mara Degnan-Rojeski, Amanda Robillard, and Ngoc- chair Martin Garnar at the ALA Midwinter Meeting in Yen Tran. The new version of the Libraries and the Internet Boston on January 19. Toolkit will be ready by the 2010 Annual Conference in The ALA Intellectual Freedom Committee (IFC) is Washington, DC. pleased to present this update of its activities: National Conversation on Privacy The Office for Intellectual Freedom (OIF) hosted a fan- Barbara M. Jones, Director of the Office for tastic event at this Midwinter Meeting on Saturday, January Intellectual Freedom 16, to help launch ALA’s new privacy initiative, Choose It is with great pleasure that I introduce you to Barbara Privacy Week. A large and lively crowd gathered to enjoy M. Jones, the new Director of the Office for Intellectual cookies, refreshments, and a program featuring social critic Freedom. Barbara brings 25 years of active engagement on Hal Niedzviecki, author of The Peep Diaries: How We’re intellectual freedom issues to her new position. She served Learning to Love Watching Ourselves and Our Neighbors. as treasurer of the Freedom to Read Foundation. She served After a welcome and introduction by ALA President Camila on the FAIFE (Freedom of Access to Information and Alire, Niedzviecki talked about his interest in what he terms Freedom of Expression) IFLA Standing Committee, serving the age of “peep culture”: a tell-all, show-all, know-all as Secretary to FAIFE from 2007–2009. She was a member digital phenomenon that is dramatically altering notions of of the ALA Intellectual Freedom Committee (1990–1994, privacy, individuality, security, and even humanity. Using 2001–2003) and served on the IFC Privacy Subcommittee personal stories, humor, and incisive critical thinking, (2009). In 1986–87 and in 2004–05 she served as Chair of Niedzviecki highlighted crucial issues around privacy and the Intellectual Freedom Round Table. She was an ACRL self-disclosure that are at the forefront of ALA’s initiative to Legislative Advocate and also has served on state Intellectual generate a national conversation about privacy in a digital Freedom Committees in Iowa and Minnesota. As a FAIFE age. trainer and expert advisor, Barbara has developed curricula ALA’s efforts will culminate in the first-ever Choose and training programs and has conducted
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