In RE: Citizens United v. FEC

The verdict is in, but the jury’s still out.

The Supreme Court, in a 5-4 decision has struck down much of the McCain/Feingold legislation. A few minutes online will provide the reader with a broad variety of responses – everything from “A Landmark Decision in Favor of Free Speech” to “The Horrible Consequences of Citizens United v. Federal Elections Commission”. On a more local level, the analysis goes from the judicious to those expressing concerns that go beyond the scope of this case to speculate on how campaigns laws from almost a hundred years ago may fair in light of this ruling.

Justice Anthony Kennedy, generally regarded as the swing vote in the Roberts Court, penned the majority opinion, which came down on the side of the Constitution and our First Amendment right to free speech:

“When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

It is not the role of the Supreme Court to concern itself with the practical implications of it’s decisions, so it is left to the rest of us to figure out what the real results will be.

What say YOU?

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