Commentary:
by Brian Gilmore

Five years after the Citizens United decision, it is time to overturn it.

The U.S. Supreme Court handed down the 5-4 judgment on Jan. 21, 2010. It ruled, in essence, that corporations had the same First Amendment rights as persons and that they could spend as much money as they wanted on elections. Not only was the decision constitutionally suspect, it has also proven to be disastrous for the country.

In his dissenting opinion, Justice John Paul Stevens foresaw the damage ahead. Stevens stated that the ruling “threatens to undermine the integrity of elected institutions across the nation.”

The five years since Citizens United have borne out Stevens’ prediction.

Outside spending tripled from the 2008 to the 2012 elections, topping $1 billion for the first time, according to the Center for Responsive Politics. Citizens United also propelled the rise of “dark money” entities to funnel contributions to candidates, says the center. These organizations are not required to disclose their donors. More than $300 million came from such groups in the 2012 election.

While supporters of Citizens United contend that unions can now also spend unlimited amounts to influence elections, this argument is a nonstarter, since corporate donations have far exceeded union expenditures in recent elections.

The time to change the law and end corporate dominance of our political system is here and now. More than eight out of 10 Americans believe corporations have too much influence over our elections, according to the consumer advocacy group Public Citizen. Most Americans do not believe corporations should have such a huge sway and want a more democratic process.

So, each and every elected official needs to take a clear stance to support the overturning of Citizens United. It has already done enough harm.

Poet Brian Gilmore is a public interest lawyer and law professor; his latest book is “We Didn’t Know Any Gangsters.” He can be reached at pmproj@progressive.org.