With each election we lose more of our democracy

Citizens United v. Federal Election Commission (2010) was a landmark Supreme Court decision that removed limits on independent political spending by corporations and unions.

Key Points of the Ruling:

• The Court ruled that corporations, nonprofits, and labor unions have First Amendment rights to spend unlimited money on political campaigns—as long as the spending is independent and not directly coordinated with candidates.

• It overturned previous campaign finance restrictions, arguing that money equals speech and that limiting political spending violates free speech rights.

• This decision led to the rise of "Super PACs", which can raise and spend unlimited amounts of money to influence elections.

Impact:

• Opened the door for massive corporate and dark money influence in U.S. elections.

• Increased political advertising and spending, with billionaires and special interests gaining more sway over candidates and policies.

• Critics argue it gives the wealthy disproportionate power in elections, while supporters claim it protects free speech.

Efforts to overturn or limit Citizens United v. FEC have been ongoing since the ruling in 2010. Here are the main ways people have tried to challenge it:
1. Constitutional Amendment

• Some lawmakers and advocacy groups have pushed for a constitutional amendment to overturn Citizens United and clarify that money is not speech and corporations are not people under the First Amendment.

• Multiple amendment proposals have been introduced in Congress, but none have gained enough support to pass.

• The Democracy for All Amendment, first introduced in 2013, has been reintroduced several times but has yet to advance.

2. Legislation to Rein in Dark Money

• The DISCLOSE Act – This bill aims to increase transparency by requiring political organizations and Super PACs to disclose their major donors. It has been introduced multiple times but has not passed.

• Public Financing of Elections – Some proposals, such as the For the People Act, have included provisions to create publicly funded elections, reducing candidates’ reliance on big donors.

• The Honest Ads Act – Aimed at increasing transparency in online political ads, this bill would require digital platforms to disclose funding sources for political advertisements.

• The Freedom to Vote Act – Contains measures to address dark money by requiring additional disclosure from Super PACs and other political organizations.

3. State-Level Reforms

• Several states and cities have passed laws to increase campaign finance transparency, limit corporate donations in state elections, or establish public campaign financing systems.

• States like Montana and Colorado passed measures opposing Citizens United and calling for an amendment to overturn it.

• New York and Maine have implemented strong public financing programs to reduce the influence of big money in elections.

4. Supreme Court Reversal

• If the Supreme Court were to reconsider the case in the future, it could limit or overturn Citizens United.

• A change in the Court’s makeup—such as the appointment of justices who support stronger campaign finance laws—could increase the chances of a reversal.

• Some legal scholars argue that future cases involving campaign finance could offer opportunities to narrow the ruling, particularly in areas of disclosure and coordination between campaigns and outside groups.

5. Grassroots and Advocacy Efforts

• Organizations like End Citizens United, Move to Amend, and Common Cause continue to push for reforms.

• Public pressure and awareness campaigns aim to build momentum for stricter campaign finance laws.

• A growing number of Americans support stronger campaign finance laws. Polls show that a majority of voters across party lines favor limits on corporate spending in elections.

6. Future Strategies and Challenges

• Continued pressure on Congress to pass disclosure and public financing laws.

• More states passing campaign finance reforms as a model for national change.

• Advocating for Supreme Court justices who prioritize campaign finance reform.

• Using ballot initiatives to allow voters to weigh in directly on money in politics.

While overturning Citizens United remains a challenge, the combined efforts of legislation, judicial reconsideration, and grassroots activism continue to push for reform.