citizens united

Hillary: The Candidate on Hillary: The Movie

This week, Hillary Clinton unveiled her proposals to reform campaign finance laws. Unsurprisingly, Clinton’s proposals would make it much more difficult to criticize, you guessed it, Hillary Clinton.

Accompanying the announcement is her new campaign video, which acknowledges the elephant in the room: Citizens United was a case about censoring a movie that criticized Hillary Clinton. But rather than this biasing her opinion on the case, the video argues that her connection to the case gives her insight because “she knows firsthand what it’s done to our democracy.”

Clinton has pledged to use overturning Citizens United as a litmus test for Supreme Court justices, and she also supports a constitutional amendment to overturn the decision.

This wouldn’t be the first time a politician pushed to censor criticism as a public service. In 1798, President John Adams signed the Alien and Sedition Acts, which made it a crime to “write, print, utter, or publish” anything that might bring “the government of the United States, or either house of the Congress of the United States, or the President of the United States into disrepute or to excite against them…the hatred of the good people of the United States.” Maybe we should just resuscitate that law and add the name “Hillary Clinton.”

According to her video, Citizens United was “a conservative organization that wanted to bring down Hillary Clinton’s candidacy because they didn’t like who she is, they don’t like what she stands for”–in other words, the quintessence of political speech protected by the First Amendment. Yet, because Hillary: The Movie was funded by a corporation–a nonprofit corporation founded to forward conservative causes–the movie and its accompanying advertisements ran afoul of the Bipartisan Campaign Reform Act. In short, the government was explicitly censoring political speech.    

In Clinton’s words, according to the Associated Press: “I want to tell you, Citizens United was about me. Think how that makes me feel. A lot of people don’t know that, but the backstory is eye-opening.”

Campaign Finance Censors Lose Debate to Reddit

Yesterday, the website Reddit, which is aptly called “the front page of the Internet,” featured an interesting discussion on attempts to overturn Citizens United, the 2010 Supreme Court case that held that the First Amendment protects the right of corporations and unions to make independent expenditures in elections. A group of five people working to overturn the decision fielded questions from the community in a so-called “Ask Me Anything” (AMA) thread. Past AMAs have been created by a wide-range of famous and interesting people, including Jon Stewart and even Barack Obama.

The five advocates titled the thread “We’re Working on Overturning the Citizens United Supreme Court Decision – Ask Us Anything!” Fielding questions were Aquene Freechild from Public Citizen, Daniel Lee from Move to Amend, John Bonifaz from Free Speech for People, Lisa Graves from Center for Media and Democracy, and Zephyr Teachout former candidate for New York governor and associate professor of law at Fordham University.

At the beginning of the AMA they proclaimed:

January 21st is the 5th Anniversary of the disastrous Supreme Court Citizens United v. FEC decision that unleashed the floodgates of money from special interests.

Hundreds of groups across the country are working hard to overturn Citizens United. To raise awareness about all the progress that has happened behind the scenes in the past five years, we’ve organized a few people on the front lines to share the latest.

Surprisingly, at least to me, the AMA was a disaster. Reddit caters to younger people and, as such, it is generally quite left-wing. The Reddit “Politics” community, in particular, is known for having a substantial left-wing tilt. I had thought the community would rally around the advocates—pat them on the back, complain about the Koch brothers, and pontificate on how no “real” policy change can occur until “big money” is silenced.

Instead, the community not only asked excellent and difficult questions, but they clearly identified the fundamental problems with the advocates’ position.

Free Speech Trumps First Amendment

If you watch HBO’s “Newsroom,” you may have seen Cato, IJ and others get a quick namedrop in relation to the Citizens United Supreme Court case. Actor Jeff Daniels misstates the holding of the case, claiming that Citizens United “allowed corporations to donate unlimited amounts of money to any political candidate without anyone knowing where the money was coming from.”

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