The Supreme Court’s recent ruling in Citizens United vs. the Federal Election Commission significantly bolsters the rights of corporations, affirming and expanding a corporation’s individual rights to free speech in elections by removing spending limits on political campaigns. While the same limits are removed for civil society groups like non-profits and unions, the disparity in spending between corporations and all others will likely deepen, enabling cash-rich companies to gain increasing access and influence over elected officials.
As with all marketplaces, we can expect corporations with the financial means to seek increasing influence in the political marketplace, jockeying for regulatory competitive advantage. And unless a candidate is independently wealthy, he or she will need to curry corporate financial favor to ensure to run an effective campaign. Political access will go to the highest bidder, where bigger often has the advantage; small businesses and their industries will be compelled to join forces to compete. There are already an estimated five climate and six healthcare lobbyists for every Congressional member; we may see these numbers increase.
For civil society groups already fearful of corporate control of resources and government, this is a marked call-to-action to check growing corporate power in the absence of government’s ability to do so. As the court ruling gives companies increasing individual rights, we can expect civil society groups to increase public expectations for responsible corporate behavior. Aided by social media and online networking, civil society groups will cost-effectively mobilize their networks to build grass-roots movements to pressure companies, industries or legislators.
In turn, we can expect industry efforts to roll back laws requiring disclosure of their political spending. Critics will naturally malign the tactics of civil society groups as blackwashing, but in the battle of public opinion, civil society groups continue to be the world’s most trusted institution and enjoy influence over the media and consumers despite their significant financial disadvantage vis-à-vis corporations. In this context, civil society groups, representing citizens of Main Street, are like David in pitched battle against Corporate Goliaths. They are fighting for a government “of the people, by the people, for the people” that does not perish “from the earth” to be replaced by a government of the corporation.
Ultimately, while many seem genuinely surprised and outraged by the Court’s ruling, the storyline is familiar to civil society groups and their funders — business-as-usual in politics.
Tags: campaign spending limits, civil society, corporate rights, individual rights, non-profits, political unfluence, supreme court
