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Will Brownsberger
State Senator
2d Suffolk and Middlesex District

Protecting Free Speech (3 Responses)

Recently, many colleagues and constituents whom I greatly respect have urged me to vote Yes on a Senate resolution urging Congress to:

send to the states for ratification a constitutional amendment to restore the First Amendment and fair elections to the people.

The resolution is a response to the Citizens United case, in which the Supreme Court ruled that corporations (and, by implication, individuals) may spend as they wish to influence the outcome of an election, provided that they are spending independently instead of giving to a candidate.

I share the widespread concern about the influence of money in politics. And I recognize the unpopularity of the Citizens United decision.

I strongly support pending legislation to improve disclosure of independent spending. And in my own political campaigns I decline to accept PAC contributions and contributions from lobbyists. I also don’t do back-door corporate fundraising — the parties where corporate officers and their spouses are assembled to donate to a candidate.

However, I will not be among those voting to ask Congress to change the Constitution. I believe that the founders got it right when they authored the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I wouldn’t change a word of that ancient American commitment to liberal philosophy. I truly believe that any constitutional process initiated for the purpose of amending that text can only do harm.

Of course, corporations are not people and money is not speech. But corporations today are an everyday form of association among people, widely used by both liberal and conservative advocacy groups as well as by businesses. And money is what it takes to disseminate speech. And political campaigns are the heart of American democracy — they are precisely what the first amendment is designed to protect.

The case law before Citizens United had become a mish-mosh of arbitrary distinctions among kinds of speech and kinds of entities engaging in speech. Citizens United, broadly understood, articulated a simple rule that people, whether organized through corporations or otherwise, can spend as they wish to disseminate their views, but may be limited in the amounts that they give directly to politicians. The court saw the limits on donations directly to politicians as justified by the public interest in controlling corruption.

There is a lot wrong with our politics today. But there has been a lot wrong with the politics of every era. We should not allow contemporary political concerns to make us forget what we’ve done right in this country. Our founders committed to the idea that the people should be allowed to engage in free speech and run presses (i.e., spend money) to disseminate that speech. That idea expresses a faith in common sense. We put our faith in the people to sort out all the noise of political advertising and eventually do the right thing.

That faith in the American people is the heart of my own personal religion and I do oppose the present well-intentioned efforts to tinker with the First Amendment.

Click here for a more detailed discussion of the Citizens United case itself. See generally this thread for a sampling of views on the issue.

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  1. CKirby says:

    Dear Will,
    I was shocked to see you were the lone vote against amending the Constitution to overturn Citizens United. I am completely opposed to your view that corporations are an assembly of people and thus have the same rights as individuals to spend on political actions. I think this is a grave assault on our democracy and see from the results in the last election that my ability to express myself as a citizen is being impinged upon. I will never be a corporation or have the money or voice of a corporate entity and that is patently unfair in my view. I think the Citizens United decision was probably the most dangerous assault on our free speech as independent voters since our founding. I can’t support your campaigns in the future because of my deep disagreement on this issue. I have been supporting Campaign Finance Reform in many ways ever since I was old enough to vote and I am gravely concerned about what our elections are turning into. Thanks!

  2. [...] to respond to the Citizens Untied case.    I carefully considered the issue but found myself outside the consensus on the floor and among commenters on this website. The vote was 35 to 1 with me alone in the [...]

  3. [...] be getting more attention among the constituents that I hear from than Senate 304.  As I explained in a previous post, on free speech grounds, I don’t support Senate [...]

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