In coming months the Supreme Court will render a decision on Citizens United v. Federal Election Commission docket number 08-205. At the heart of this case is corporations’ right to use their general treasury for political purposes.

With five justices Scalia, Kennedy, Thomas, Roberts, and Alito favoring ‘free speech’ over congressional limitations, the right of ‘the people’ to a free and fair election is in jeopardy.

Citizens United, a conservative Political Action Committee, argues that the prohibition of Hillary: The Movie violates free speech. Therefore, the congressional legislation forbidding expressed advocacy ads 60 days prior to a general and 30 days prior to primary elections, corporate use of funds, and the requirement that political contributions must be disclosed are all unconstitutional.

However, Citizens United is overlooking the rationale for such laws.

The 60/30 day restriction of expressed advocacy ads is to allow candidates time to dispel misinformation before the election. If we as a nation do not elevate truth over rumor, the peoples’ vote is then speculative. To reduce speculation that already exists, the 60/30 day restriction should be extended to expressed advocacy in the press and on the internet.

The precedent of prohibiting the use of corporate funds is due to the appearance of corruption that corporate ties bring. If it is agreed upon that money buys elections, allowing corporate contributions would be tantamount to a loaded bazooka aimed at a candidate’s head with Yosemite Sam as the trigger man. State and federal congressional candidates would be the varmints targeted.

Adjudicated under exacting scrutiny, disclosure has been upheld as fundamental to democracy.

“Disclosure further[s] First Amendment values by opening the basic processes of our federal election system to public view,” states page 40 of the brief for the Federal Election Committee citing Buckley v. Valeo, 424 U.S. at 82.

The ability for voters to be informed gives significance to disclosure requirements. Voters can only be fully informed when they know the source of the information presented to them. Agreeing with Citizens United, it is unfair to single out broadcast advertisements. Disclosure requirements then should be extended to print and internet advertisements, but should not be eliminated from broadcast advertisements.

The lower court’s ruling by three judges determined Hillary: The Movie is expressed advocacy. I watched Hillary: The Movie and it qualifies as expressed advocacy. The ‘experts’ giving commentary express no other motives or viewpoint to the actions of Hillary Clinton, which means Citizens United’s motive is to portray Mrs. Clinton in only one light.

Departing from the arguments contained in the case, a change in precedent would fail to provide any positive gains for the electoral process. The only positive that corporate contributions would bring would be more money.

According to opensecrets.org, party nominated political candidates for the presidency and Congress raised $1,366,433,035 for the 2008 elections. If getting elected to public office takes more than the mean of $2,549,315, then we need reform to decrease the amount of money in elections, not increase it.

If a corporation wants to contribute to the political process they can do so through their P.A.C., they just have to disclose money given. Although the use of corporate treasury is prohibited, shareholders and employees can be urged to give money to the corporate P.A.C. Furthermore, if corporations want more of their employees to contribute more, then they can model themselves after the financial industry and give their employees bonuses, which in return they can give back to the P.A.C.

If corporations want to be treated as people, then they need to stop acting like children and play by the rules ‘we the people’ have to play by.

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