Citizens United: Sky Not Falling, Says Blogger

Over at Salon, Glenn Greenwald has a judicious post (and follow-up) on why the Supreme Court's invalidation of corporation-targeted campaign donation limits is not the end of the world:

One of the central lessons of the Bush era should have been that illegal or unconstitutional actions -- warrantless eavesdropping, torture, unilateral Presidential programs -- can't be justified because of the allegedly good results they produce (Protecting us from the Terrorists). The "rule of law" means we faithfully apply it in ways that produce outcomes we like and outcomes we don't like. Denouncing court rulings because they invalidate laws one likes is what the Right often does (see how they reflexively and immediately protest every state court ruling invaliding opposite-sex-only marriage laws without bothering to even read about the binding precedents), and that behavior is irrational in the extreme. If the Constitution or other laws bar the government action in question, then that's the end of the inquiry; whether those actions produce good results is really not germane. Thus, those who want to object to the Court's ruling need to do so on First Amendment grounds. Except to the extent that some constitutional rights give way to so-called "compelling state interests," that the Court's decision will produce "bad results" is not really an argument.

Going on to consider the "bad results," Greenwald is jaded:

I'm also quite skeptical of the apocalyptic claims about how this decision will radically transform and subvert our democracy by empowering corporate control over the political process. My skepticism is due to one principal fact: I really don't see how things can get much worse in that regard.

His takeaway is that campaign finance laws are dubious under the First Amendment, don't work anyway, and would be better replaced by public funding of elections:

There are few features that are still extremely healthy and vibrant in the American political system; the First Amendment is one of them, and the last thing we should want is Congress trying to limit it through amendments or otherwise circumvent it in the name of elevating our elections. Meaningful public financing of campaigns would far more effectively achieve the ostensible objectives of campaign finance restrictions without any of the dangers or constitutional infirmities. If yesterday's decision provides the impetus for that to be done, then it will have, on balance, achieved a very positive outcome, even though that was plainly not its intent.

Read the whole thing.