It’s Not Too Late to Limit or Reverse the Impact of the Supreme Court’s Disastrous Decision in Citizens United v. FEC

The recent Supreme Court decision to allow unlimited corporate spending in politics just may be the straw that breaks the plutocracy’s back.

Pro-democracy groups, business leaders, and elected representatives are proposing mechanisms to prevent or counter the millions of dollars that corporations can now draw from their treasuries to push for government action favorable to their bottom line. The outrage ignited by the Court’s ruling in Citizens United v. Federal Elections Commission extends to President Obama, who has promised that repairing the damage will be a priority for his administration.

But what can be done to limit or reverse the effect of the Court’s decision? Here are 10 ideas:

1. Amend the U.S. Constitution to declare that corporations are not persons and do not have the rights of human beings. Since the First Amendment case for corporate spending as a free speech right rests on corporations being considered “persons,” the proposed amendment would strike at the core of the ruling’s justification. The push for the 28th Amendment is coming from the grassroots, where a prairie fire is catching on from groups such as Public Citizen, Voter Action, and the Campaign to Legalize Democracy.

2. Require shareholders to approve political spending by their corporations. Public Citizen and the Brennan Center for Justice are among the groups advocating this measure, and some members of Congress appear interested. Britain has required such shareholder approval since 2000.

3. Pass the Fair Elections Now Act, which provides federal financing for Congressional elections. This measure has the backing of organizations representing millions of Americans, including Moveon.org, the NAACP, the Service Employees International Union, and the League of Young Voters. Interestingly, the heads of a number of major corporations have also signed on, including those of Ben & Jerry’s, Hasbro, Crate & Barrel, and the former head of Delta Airlines.

4. Give qualified candidates equal amounts of free broadcast air time for political messages. This would limit the advantages of paid advertisements in reaching the public through television where most political spending goes.

5. Ban political advertising by corporations that receive government money, hire lobbyists, or collect most of their revenue abroad. A fear that many observers have noted is that the Court’s ruling will allow foreign corporations to influence U.S. elections. According to The New York Times, Sen. Charles Schumer (D-New York) and Rep. Chris Van Hollen (D-Maryland) are exploring this option.

6. Impose a 500 percent excise tax on corporate contributions to political committees and on corporate expenditures on political advocacy campaigns. Representative Alan Grayson (D-Florida) proposes this, calling it “The Business Should Mind Its Own Business Act.”

7. Prohibit companies from trading their stock on national exchanges if they make political contributions and expenditures. Another one from Grayson, which he calls “The Public Company Responsibility Act.”

8. Require publicly traded companies to disclose in SEC filings money used for the purpose of influencing public opinion, rather than for promoting their products. Grayson calls this “The Corporate Propaganda Sunshine Act.”

9. Require the corporate CEO to appear as sponsor of commercials that his or her company pays for, another possibility from the Schumer-Van Hollen team, according to The New York Times.

10. Publicize the reform options, inform the public of who is making contributions to whom, and activate the citizenry. If we are to safeguard our democracy, media must inform and citizens must act.

The measures listed above—and others that seek to reverse the dominance of money in our political system—will not be easy. But grassroots anger at this latest win for corporate power is running high. History shows that when the public is sufficiently aroused, actions that once seemed impossible can, in hindsight, seem inevitable.

Fran KortenFran Korten wrote this article for YES! Magazine, a national, nonprofit media organization that fuses powerful ideas with practical actions. Fran is publisher of YES! Magazine.