Sunday, March 30, 2014

No SCOTUS, Money is not the same as Speech

Dan Balz has an article in the Washington Post under the title: “The 'Sheldon Primary' is one reason Americans distrust the political system.” Published on March 28, 2014, the article discusses an actual and current situation pertaining to the consequences of the 2010 Supreme Court's ruling in the case: Citizens United v. Federal Election Commission.

These are consequences that began to be felt immediately after the ruling, and have gradually become more serious during the past four years to the point that they now look as badly as a full-fledged horror story. The latest chapter in the still unfolding drama is introduced by Dan Balz with these words:

“Several prospective presidential candidates have gathered for the opening round of what has been dubbed the 'Sheldon Primary' … [it] is named for Sheldon Adelson who poured more than $92 million into the 2012 elections … He is now looking toward 2016, determined to find a candidate who can win the presidency … Those looking at running would be happy to have that kind of financial support. Some have come to meet privately with Adelson … this new financing structure has had a corrosive effect on public confidence in government and politicians. It is why so many Americans feel shut out of the process … Many had a role in bringing the system to this point – the courts, special interests, incredibly wealthy individuals with their own agendas.”

It is no exaggeration to call that development a horror story with no end in sight.

The ruling of the Supreme Court was based on the premise that money was the same as speech. It is now clear that this was a mistake. It was a false premise from which the judges started their thinking process. There is no doubt that the judges understand speech; this is their thing, it is what they live for. But there is doubt they understand money as well because money has never occupied a central position in their intellectual pursuit. If it did, they would have known there is a big difference between money and speech, and would most likely have ruled differently.

The American Constitution correctly gives free speech absolute freedom because in a debate between two individuals (no matter whom they are) or two camps (no matter their composition,) the contest is between equals and between their ideas. The side which comes up with the set of ideas that is most convincing wins the debate. And this makes it so that the outcome of the contest depends on the merit engendered by the ideas, and not on some extraneous element. Thus, there is the real need to see the debate run its course so as to air all the ideas, and not see it cut off prematurely at some arbitrary point. To do so would do injustice to one side or the other, which would defeat the intent of the Constitution that guards against placing a limit on the freedom of speech.

When it comes to the accumulation of money, however, the merit that goes into this process is different from the merit that goes into the process of generating ideas, and the two are too far apart to be equated. Because ideas are generated by a process of pure thought, it is free of constraints. Money, on the other hand, is generated by a more complicated process where the essential requirement is to surmount obstacles during the entire run.

And so, to allow speech to depend on the availability of money is to make speech fit the template by which money is accumulated. More specifically, when one side in the debate runs out of money – thus reflecting the obstacles it was asked to surmount – it suffer an arbitrary end to the debate and loses the contest. It loses not because it ran out of ideas of which it may still have plenty, and brilliant ones for all we know, but because it encountered the extraneous element of having to surmount difficult obstacles while trying to accumulate the necessary amounts to remain in the race.

The above discussion should be convincing enough that money and speech are two different things, and cannot be equated. Consequently, the assertion that no limit can be placed on the amount of money spent where no limit is placed on the amount of speech that can be made, is a false assertion and must be rejected.

In consequence of all that, the ruling made in the 2010 case: Citizens United v. Federal Election Commission should be reversed as soon as the Supreme Court of the United States (SCOTUS) has the opportunity to do so.