Skip to content Skip to footer

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.

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.

Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn

Dear Truthout Community,

If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.

We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.

Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.

There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.

After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?

It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.

We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.

We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.

Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment. We’re presently working to find 1500 new monthly donors to Truthout before the end of the year.

We’re with you. Let’s do all we can to move forward together.

With love, rage, and solidarity,

Maya, Negin, Saima, and Ziggy