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Nye Bevan

(25,406 posts)
Thu Nov 6, 2014, 05:41 PM Nov 2014

Would you support this constitutional amendment to counter Citizens United? [View all]

Insofar as it relates to freedom of speech, the First Amendment to this Constitution shall not apply to speech that

(1) is financed (in whole or in part) by corporations, or other corporate entities; AND
(2) refers to candidates in Federal or State elections; AND
(3) is disseminated within the six month period prior to said Federal or State elections.


This is somewhat more narrowly tailored than most of the other proposed amendments I have seen, which would have nasty side-effects like stripping nonprofits such as Planned Parenthood and LLCs such as Democratic Underground of Fourth Amendment protections against search and seizure. This amendment only strips First Amendment protections from corporate-funded speech (so would not affect free speech rights for unions), and only affects speech relating to upcoming elections. One problem is that since newspapers are owned by corporations, this amendment would in theory allow Congress to ban newspaper endorsements of candidates, but making an exception for this would open up a huge loophole where Koch Industries (for example) could start up a "newspaper" for the sole purpose of promoting (or denigrating) election candidates.

10 votes, 0 passes | Time left: Unlimited
Yes, I would support such an amendment.
5 (50%)
No, I would not support such an amendment.
5 (50%)
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Disclaimer: This is an Internet poll
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Would it include PAC's and labor unions? badtoworse Nov 2014 #1
No, I was trying to word it to only affect corporations (nt) Nye Bevan Nov 2014 #2
Then I wouldn't support it. badtoworse Nov 2014 #5
Fair enough (nt) Nye Bevan Nov 2014 #8
Most unions I'm familiar with Sgent Nov 2014 #29
Sounds like YarnAddict Nov 2014 #30
Citizens United needs to be TBF Nov 2014 #3
I'm not sure what you mean by "overturned in its entirety". Nye Bevan Nov 2014 #6
I'll stick with Move to Amend. nt Ykcutnek Nov 2014 #4
Their proposed amendment would allow cops to raid Planned Parenthood clinics, Nye Bevan Nov 2014 #7
No, just say that only natural-born persons have any political rights whatsoever. nt bemildred Nov 2014 #9
By "political rights" do you mean "constitutional rights"? Nye Bevan Nov 2014 #10
I mean the right to participate in politics. bemildred Nov 2014 #11
I would prefer the amendment to state that elections should be publicly funded. Calista241 Nov 2014 #12
+1. And make it a holiday. If we can celebrate the 4th of July, we can celebrate voting. nt bemildred Nov 2014 #14
An amendment stating "elections should be publicly funded" would not reverse Citizens United. Nye Bevan Nov 2014 #16
It doesn't go far enough meow2u3 Nov 2014 #13
Yeah, I like that too. You'd think it was obvious. nt bemildred Nov 2014 #15
Again, why strip away all of the constitutional protections of corporations, Nye Bevan Nov 2014 #17
So rights shouldn't extend to legal entities? Algernon Moncrieff Nov 2014 #19
Personhood shouldn't extend to legal entities nt meow2u3 Nov 2014 #20
As long as it is applied equally, I don't have a problem with it. Algernon Moncrieff Nov 2014 #21
I'd support a Congress who would pass a law to that effect... Algernon Moncrieff Nov 2014 #18
The issue with (A) is that there is nothing for the Supreme Court to enforce. Nye Bevan Nov 2014 #22
#5 doesn't go far enough. Get rid of the 2A Ampersand Unicode Nov 2014 #25
How would this amendment not subject an LLC like DU or an entity such as Planned Parenthood tritsofme Nov 2014 #23
It could. Nye Bevan Nov 2014 #24
I'm very wary of speech restrictions. tritsofme Nov 2014 #26
No. Too vague and arbitrary bluestateguy Nov 2014 #27
This amendment would enable Congress to impose monetary limits on corporate speech, Nye Bevan Nov 2014 #28
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