Overturning Citizens United vs. FEC would empower the giant media corporations even more!
Excerpted, by permission of Yale University Press, from "The Soul of the First Amendment" by Floyd Abrams, 2017. Citizens United held that the fact that a
reason.com
Does anyone want that?
This is an interesting point. But as I said earlier many different
sorts of organizations (profit making, non-profit, educational (e.g. universities), professional, religious organizations, charities, even unions and political associations) exist
as corporations. They are “legal persons” with specific rights, and are often treated differently under the law. Such was the case for our famous “freedom of the press” — whether owned individually, by a partnership or a corporation.
The “press” has historically rightly been extended special prerogatives. Our Constitution and Courts with great difficulty carved out rights for “freedom of the press” which were steadily expanded over time. Individuals, lacking corporate money to hire expensive lawyers, also have over generations fought for and won “free speech” rights over the mail, on phones, and on the internet, which must be protected.
In truth many rights won by corporations were only later extended to people. “Laws” like the 14th Amendment specifically meant to help freed slaves were used primarily
by corporations to win due process and other rights over a century during which these rights were denied to the very individuals the Amendment was passed to help. And yet distinctions between individuals and corporations remained in many respects, as I outlined. It is a fascinating history.
Personally, I don’t think there is any danger whatever that Citizens United being overthrown would effect our “free press” and “free speech” rights. Of course a semi-fascist or populist dictatorship or corporatist or communist government could certainly threaten or remove these historical achievements. But that is a different matter altogether.