Free Speech

Ka Leo O Hawaiʻi
January 25, 2010

A reaction to the U.S. Supreme Court’s ruling in Citizens United v. Federal Election Commission (January 21, 2010). The ruling was a landmark decision in U.S. campaign finance law that has lead to a significant concentration of political power in the hands of wealthy entities, compromising the integrity of our democracy.

The Court held that the First Amendment prohibits the government from restricting independent political expenditures by corporations, unions, and other associations. This means these entities can spend unlimited amounts of money to support or oppose political candidates, as long as the spending is independent of the candidates' campaigns.

The decision overturned parts of Austin v. Michigan Chamber of Commerce (1990) and McConnell v. Federal Election Commission (2003), which had upheld restrictions on corporate spending in elections.

The majority opinion, written by Justice Anthony Kennedy, argued that political spending is a form of protected speech under the First Amendment. The Court concluded that limiting such spending would restrict the free flow of ideas and information.