(from http://reclaimdemocracy.org/who-are-citizens-united/)
The Court majority (Justices Kennedy, Roberts, Alito, Scalia, and Thomas) argued:
1. barring independent political spending amounts to squelching free speech protected by the First Amendment.
2. the First Amendment protects not just a person’s right to speak, but the act of speech itself, regardless of the speaker. Therefore the First Amendment protects the speech of corporations and unions, whether we consider them people or not.
3. although government has the authority to prevent corruption or “the appearance of corruption,” it has no place in determining whether large political expenditures are either of those things, so it may not impose spending limits on that basis.
4. the public has the right to hear all available information, and spending limits prevent information from reaching the public.
The Court minority (Justices Stevens, Ginsburg, Breyer, and Sotomayor) argued:
1. the First Amendment protects only individual speech, not speech by associations of individuals.
2. government may prevent corruption, and campaign spending can be corrupt when it buys influence over legislators. Therefore government may impose spending limits on corporations and unions.
3. government may prevent the appearance of corruption, which undermines public confidence in democracy. Limits on corporate and union political spending are an expression of that authority.
4. the public has the right to hear all available information, and when corporations spend money individuals can’t match, messages from corporations drown out messages from others, and that information fails to reach the public.
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