Democracy for Sale: How Citizens United Auctioned America by Jeff Callaway

 

Democracy for Sale: How Citizens United Auctioned America

by Jeff Callaway

Texas Outlaw Poet

Citizens United. Sounds harmless, almost like a patriotic motto. But in 2010, it became the name of a Supreme Court decision that ripped the guts out of American democracy and handed corporations, unions, and shadowy interests the ultimate weapon: unlimited political influence. In a narrow 5-4 ruling, the Court tore down decades of campaign finance law, declaring that money—any money—spent independently by corporations or unions is protected speech under the First Amendment. The spark? A conservative nonprofit called Citizens United wanted to air a documentary bashing Hillary Clinton during the 2008 Democratic primaries. The FEC said no, citing the Bipartisan Campaign Reform Act of 2002—McCain-Feingold—the law that barred corporate and union treasuries from funding “electioneering communications” within 60 days of a general election or 30 days of a primary. The Court didn’t just shrug—it roared: “Money is speech. Let your wallets scream.” And that scream drowned out the voices of the American people.

At its core, Citizens United equated money with free speech, stripping away decades of protections meant to keep the democratic process in the hands of citizens, not corporations. Justice Anthony Kennedy, writing for the majority, declared: “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” Austin v. Michigan Chamber of Commerce? Gone. Parts of McConnell v. FEC? Shredded. Safeguards meant to prevent “the corrosive and distorting effects of immense aggregations of wealth”? Tossed out like trash. Yes, disclosure rules survived—but toothless, riddled with loopholes, ineffective at best, cosmetic at worst.

This wasn’t some isolated catastrophe. It is the climax of a century-long struggle over money in politics. Campaign finance regulations date back to the 1907 Tillman Act, aimed at keeping railroad tycoons from buying Congress. Taft-Hartley in 1947 barred unions and corporations from making independent expenditures. The Federal Election Campaign Act of 1971, with its 1974 amendments, created the FEC and imposed limits—but Buckley v. Valeo (1976) drew a fatal line: direct contributions? Limited. Independent expenditures? Untouchable. By the early 2000s, soft money—unlimited donations to parties—had exploded, and BCRA of 2002 tried to slam the door. Citizens United pried it wide open again.

The case ignited over Hillary: The Movie, a corporate-funded documentary trying to influence the 2008 primaries. The FEC said airing it on video-on-demand broke BCRA rules. Citizens United sued. The Supreme Court sided with them, unleashing the flood. Oral arguments in 2009 exposed deep divisions. Government lawyers suggested the same rules could theoretically ban books or digital content funded by corporations. Even Kennedy blinked. A rare re-argument followed. The final decision, January 21, 2010, was hailed by free speech extremists and decried by reformers as a handout to the rich and powerful.

The majority opinion—Roberts, Scalia, Alito, Thomas, and Kennedy—held that corporations have First Amendment rights like individuals and restricting their independent spending is unconstitutional censorship. “Corruption?” They redefined it narrowly—only direct bribes count. Undue influence, the appearance of corruption? Ignored. Independent expenditures? No risk, they said, as long as disclosures exist. Meanwhile, Justice Stevens, in a furious dissent joined by Ginsburg, Breyer, and Sotomayor, warned: “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.” Corporations are not “We the People.” Their spending is business, not natural speech, drowning out human voices and eroding trust. Polls? Eighty percent of Americans believe corporate money buys influence. Welcome back to the Gilded Age.

Subsequent rulings poured gasoline on the fire. SpeechNow.org v. FEC (2010) allowed unlimited contributions to independent expenditure groups. Super PACs were born. McCutcheon v. FEC (2014) wiped out aggregate contribution limits, unleashing floods of donor money. The political playing field is no longer level; it’s a casino where the wealthy hold all the chips.

And the results? Catastrophic. Before 2010, outside spending was modest. After? Frenzy. Super PACs now dominate elections. From 2010 to 2022, super PACs spent $6.4 billion. In 2024 alone, 2,502 super PACs raised over $5 billion, spent $2.7 billion, and took over tasks once reserved for candidates: voter outreach, ads, canvassing. Democracy is no longer about citizens; it’s a playground for whoever can fund the loudest campaign.

Dark money exploded, too. Nonprofits (501(c)(4)s) hide donors. Pre-2010, under $5 million flowed into elections. Post-Citizens United? Over $1 billion, $1.9 billion in 2024 alone. By September 2024, $182 million went to super PACs from secret sources. Groups like Future Forward PAC soaked up $205 million from undisclosed affiliates, influencing competitive races you didn’t even know existed. Online ads? $1.35 billion in 2024, much hidden. Outside groups outspent candidates in key states. Top 10 donors for Trump’s super PACs? $481 million—44% of total. Harris? Eight percent. Democracy auctioned to the highest bidder.

How do they “buy” politicians without bribery? Look at Elon Musk: $277 million to Trump super PACs in 2024, funding ads, canvassing, shaping transition teams, derailing budgets via social media, even meeting world leaders. Miriam Adelson shelled out more than $100 million in 2024 to protect casino-friendly laws and keep her industry untouchable. Billionaire Richard Uihlein poured $49 million into super PACs, buying himself the kind of political influence that delivered him deregulation and tax cuts worth far more than his investment. Corporations and billionaires are no longer outsiders—they are the system, steering policy, shaping elections, bending law without leaving fingerprints.

States tell the same story. Pennsylvania energy firms blocked climate laws. Ohio’s 2024 Senate primary? $20 million from national super PACs to install business-aligned candidates. The richest 10% now control policy, while 78% of Americans want a living wage. Corporate money drives law; voter will is an afterthought.

Citizens United is the epicenter of systemic corruption. It amplifies elite power, breeds secret spending, fakes independence, distorts policy, and warps the Constitution. Gun control blocked, healthcare stalled, climate reform delayed, corporate tax cuts passed. Democracy isn’t represented—it’s auctioned. Mega-donors don’t just fund wins; they shape governance. Without a reversal—constitutional amendment (73% of Americans support it) or enforceable laws like DISCLOSE—our democracy is a façade, a stage for the rich, while voters watch, powerless.

-Jeff Callaway

Texas Outlaw Poet

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