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Citizens United v. Federal Election Commission
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Majority Vote:
Majority Justice Anthony Kennedy, joined by Justices John G. Roberts, Antonin Scalia, Samuel A. Alito, Jr., Clarence Thomas
Minority Vote:
Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor
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What the Justices Had to Say
Justice Anthony M. Kennedy, writing for the majority:
"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."
Chief Justice John G. Roberts Jr., in concurrence:
"The text and purpose of the First Amendment point in the same direction: Congress may not prohibit political speech, even if the speaker is a corporation or union."
Justice Antonin Scalia, in concurrence:
"Surely the dissent does not believe that speech by the Republican Party or the Democratic Party can be censored because it is not the speech of 'an individual American.' It is the speech of many individual Americans, who have associated in a common cause, giving the leadership of the party the right to speak on their behalf. The association of individuals in a business corporation is no different."
Justice John Paul Stevens, in dissent:
"The court's ruling threatens to undermine the integrity of elected institutions across the nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.. . .
"Corporations help structure and facilitate the activities of human beings, to be sure, and their 'personhood' often serves as a useful legal fiction. But they are not themselves members of the 'We the People' by whom and for whom our Constitution was established."
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New York Times Editorial:
The Court’s Blow to Democracy
With a single, disastrous 5-to-4 ruling, the Supreme Court has thrust politics back to the robber-baron era of the 19th century. Disingenuously waving the flag of the First Amendment, the court’s conservative majority has paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding. Congress must act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.
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Good Overview of Opinions at Klimbalan
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More:
Supreme Court Memo - Justices Turn Minor Movie Case Into a Blockbuster
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Note: Editorial Cartoon by Mike Peters