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Robert Weissman

Robert Weissman

Posted: February 12, 2010 05:43 PM

A Disadvantaged Class? The Corporate Speech Index

What's Your Reaction:

One of the most astounding passages in the Supreme Court's mind-boggling decision in Citizens United v. Federal Election Commission -- the January decision holding that corporations have a First Amendment right to spend as much as they choose from their treasuries to support or oppose candidates for elected office -- is this:

[T]he Government may commit a constitutional wrong when by law it identifies certain preferred speakers. By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker's voice... The First Amendment protects speech and speaker, and the ideas that flow from each.

This ode to the First Amendment is inspiring, until you recognize that the "disadvantaged class" reference is to corporations.

When it comes to speech protections, there are surely many rational ways to distinguish corporations from real, live persons. One is that corporations are not real, live persons! Another is that for-profit corporations exist for the purpose of making money, and that this monomaniacal focus distinguishes them in very important ways from humans, who care not only about making money, but building community, expressing themselves, fairness, equality, justice, protecting future generations, stewarding the planet and much more. And other consequential difference, compounding these other points of difference, is that large and even not-so-large corporations have a lot more money, and can easily mobilize resources on a scale that vastly outdistances anything that real people can do.

Thus the rather obvious conclusion that corporate money can distort elections and the political process. This is hardly speculative: large corporations dominated the political process even before Citizens United, a fact widely understood. Eighty-five percent of people in the United States believe big business has too much power in Washington.

What may not be quite so obvious is how extraordinary are the resources that corporations can mobilize as against what is now spent on elections.

Consider these juxtapositions --

Total amount spent on federal elections in the 2008 election cycle: $5.285 billion

Amount spent by Obama campaign in the 2008 election: $730 million

Average amount raised by incumbent Members of the House of Representatives in the 2008 election: $1.356 million (challengers: $335,101)

Average amount raised by incumbent Senators in the 2008 election: $8.741 million (challengers: $1,152,146)

Exxon profits 2007-2008: $85 billion

Top-selling drug, Lipitor, revenues, 2007-2008: $27 billion

Goldman Sachs bonus and compensation expense for 2009: $16.2 billion

Value of Lockheed's defense contracts in 2008: $15 billion

The amount spent on cigarette advertising and promotion by the five largest cigarette companies in the United States in 2006: $12.49 billion

Microsoft cash on hand: $33.4 billion

And these comparisons, from the states --

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Amount spent on candidate races in California state elections, 2008: $225 million

Revenues of the 97th largest corporation in California, Public Storage, 2008: $1.7 billion

Amount spent on candidate races in Ohio state elections, 2008: $107 million

Revenues of the 10th largest corporation in Ohio, Progressive Insurance, 2008: $12.8 billion

Amount spent on candidate races in North Dakota state elections, 2008: $7.3 million

Revenues of the largest corporation in North Dakota, 2008: $5 billion

Amount spent on candidate races in Alabama state elections, 2008: $15.5 million

Revenues of the second largest corporation in Alabama, Vulcan Materials, 2008: $3.6 billion

Amount spent on candidate races in Nebraska state elections, 2008: $6.4 million

Revenues of the 10th largest corporation in Nebraska, Public Storage, 2008: $1.9 billion

Amount spent on candidate races in Rhode Island state elections, 2008: $7.2 million

Revenues of the third largest corporation in Rhode Island, Hasbro, 2008: $4 billion

----

These comparisons illustrate how easy it will be for one company, one industry, or the corporate class overall, to dominate the electoral discourse in the wake of Citizens United. We won't know how this plays out, of course, until after it happens. Will Exxon alone decide to spend, say, $500 million to oppose or support candidates? Perhaps not -- but the company might, and it certainly could. The mere fact an Exxon could spend that much, or more, will tilt the political process even more in favor of big business. And it is a virtual certainty that targeted corporate spending will escalate sharply in the wake of decision.

Corporations do not establish their "worth" through political and expressive speech, as the Court suggests, but through a different kind of statement altogether -- the financial statement. That fact, combined with their unparalleled treasuries, makes the Court's decision in Citizens United a real and present danger to democracy. It must be overturned.

Join the call for a constitutional amendment to undo Citizens United and restore the First Amendment and our democracy.

 
 
 
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11:34 AM on 02/25/2010
I was very disappointed by the Supreme Court's ruling last month on corporate personhood. The impact on politics, however, in the age of the internet, Tivo, cable and satellite TV with DVR, and iPhones, is not so clear. Probably the most watched "political ads" are shows like Bill O'Reilly, Glen Beck, Jon Stewart, and Colbert. No one with half a brain believes political ads anymore. As long as there are a full range of shows and networks for the public to choose from, the political process is still alive. What really threatens the health of democracy is the consolidation and monopolization of the media.
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epcraig
After a couple of strokes...
09:49 AM on 02/25/2010
So this would not be a good time for anti-trust, anymore?
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realitytrumpsbull
Two 'alves of coconut!
02:50 PM on 02/15/2010
I say let the corporations advertise. It's what they do anyway. What are corporations, that we must suddenly fear them? They're business organziations, operated by people, Americans, for the most part, although there are now these multinational/international things, but problem is, if our economy takes a big dump, as it seems to be promising to do, corporations won't survive that, at least, many of them won't, because they're operated by operating revenues, and when they don't get their operating revenues, they're just as bad off as government. No money=doors close. Can't sell a car/mixer/jacket/service/software package/whatever? That's the end of the movie, right there, bye bye corporation, R.I.P. Public doesn't approve of your business practices, starts dumping your stock? You're done. So, fear of corporations or whatever? Misplaced. Let them spend their money on advertising, there's no federal law obligating anyone to watch it, even if it's political advertising. Do YOU want to see another boring MCI infomercial? Me either.
11:20 AM on 02/14/2010
The politicians who complain about 'corporate' freedom of speech are hypocrites. Proof: They could trivially eliminate the ability of corporations to buy political influence. Simply create a law that says that any corporation that spends money on political campaigns or adds is automatically ineligible for government contracts or tariff protection.

Such a law would be completely constitutional and far more effective than any law restricting political spending. But such a law would also eliminate the politician's ability to profit from their position of authority and influence. Consequently, such a law is a political contradiction in terms and will never be created.
07:56 PM on 02/13/2010
My corporation is prepared to spend times what any candidate I don't like spends. If you want to be a candidate, you better hope I like you. If not, you're throwing away your money. Sorry, but that's how things work. My name is China, and I want to remake America in my image. Thanks for your attention.
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03:25 PM on 02/13/2010
Huffpost, civility requires that you, at least, notify me of what your complaint is with my posting.

I disagree with the manner in which you characterize the entities involved. You have fallen into the trap of accepting that corporations can actually make decisions. Anonymous humans, the highly compensated managers and the largest wealthy shareholders make those decisions. They then hide behind the corporate shield. A good place to start in combating the Supreme Courts outrageous edict is to unmask the corporate decision-makers.

History teaches that the concentration of wealth inevitably leads to the concentration of political power. That then leads to the subjugation of the population by an elite minute group. As much as we may think that the US is different, it is not immune to historical precedent.

There are two very good examples in modern history to study: Twentieth century British elites survived because they knew history and understood what would come if they did not loosen their grip and start needed reforms. The 18th century French nobility, on the other hand, did not understand history and the frustration of the people. As a consequence, most of them landed upon the guillotine.
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Hazumu
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01:27 PM on 02/13/2010
Would someone please make a chart of these statistics? Words-on-paper doesn't begin to illuminate the disproportion between individual corporations and groups of flesh-and-blood citizens.