The Corner

President Wrong on Citizens United Case

Tonight the president engaged in demogoguery of the worst kind, when he claimed that last week’s Supreme Court decision in Citizens United v. FEC, “open[ed] the floodgates for special interests — including foreign corporations — to spend without limit in our elections. Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities.”

The president’s statement is false.

The Court held that 2 U.S.C. Section 441a, which prohibits all corporate political spending, is unconstitutional. Foreign nationals, specifically defined to include foreign corporations, are prohibiting from making “a contribution or donation of money or ather thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State or local election” under 2 U.S.C. Section 441e, which was not at issue in the case. Foreign corporations are also prohibited, under 2 U.S.C. 441e, from making any contribution or donation to any committee of any political party, and they prohibited from making any “expenditure, independent expenditure, or disbursement for an electioneering communication.”

This is either blithering ignorance of the law or demagoguery of the worst kind.

 – Bradley A. Smith is Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School

Bradley A. Smith, former chairman of the Federal Election Commission, is chairman of the Institute for Free Speech and a visiting fellow in the James Madison Program at Princeton.

Most Popular

Elections

The 2020 Battle Begins

The 2020 campaign begins in earnest next week in Florida, when Donald Trump officially launches his reelection bid. On June 26, 20 Democratic candidates and five moderators hold the first of two nights of debates. Where do things stand? According to the polls, President Trump starts at a disadvantage. He has ... Read More