Debate: Citizens United: Good or Bad?

The Citizens United decision has proven quite controversial, with advocates both for and against it. So why not have a debate?

For those who don’t remember, Citizens United was an organization that made a movie critical of then-candidate Hillary Clinton. The Federal Elections Commission deemed this to be a form of illegal campaign contribution, and fined them. The group appealed all the way to the Supreme Court, which ruled that money is speech, and companies are people, and since you can’t restrict people’s free speech, companies can give as much money as they want to political campaigns.

Resolution

Citizens United is a Good Thing.

Pro

First up, we have Senator Ted Cruz, who thinks Citizens United is a good idea:

Following Sen. Whitehouse’s 30-minute denunciation of dark money, Sen. Ted Cruz, R-Texas, used part of his time to defend the landmark Supreme Court case Citizens United that allowed for corporations and unions to spend unlimited money on political ads and other forms of influence campaigns.

“Citizens United concerned whether or not it was legal to make a movie criticizing a politician

On his Senate web page, he adds (emphasis in the original):

The Obama Justice Department took the position that it could fine — it could punish Citizens United for daring to make a movie critical of a politician. The case went all of the way to the U.S. Supreme Court at the oral argument, there was a moment that was truly chilling. Justice Sam Alito asked the Obama Justice Department, ‘Is it your position under your theory of the case that the Federal Government can ban books?’ And the Obama Justice Department responded yes. […] As far as I am concerned, that is a terrifying view of the First Amendment. […] By a narrow five-four majority, the Supreme Court concluded the First Amendment did not allow the Federal Government to punish you for making a movie critical of a politician. And likewise that the Federal Government couldn’t ban books. Four justices dissented, four justices were willing to say the federal government can ban books.”

Con

And now, opposing the motion, please welcome Senator Ted Cruz:

Sens. Ted Cruz and Josh Hawley raised concerns about getting meaningful legislation aimed at Silicon Valley passed because the Biden administration and prominent Democrats, who control Congress, could be beholden to financial ties to technology giants.

“Big Tech are the largest financial supporters of Democrats in the country,” Cruz told the Washington Examiner on Tuesday. “And so, to date, we have seen occasional rhetoric from Democrats directed at Big Tech, but when they’re your single-biggest donors, it shouldn’t be surprising that Democrats have been far less willing to engage in concrete action to rein in Big Tech.”

We hope you’ve enjoyed this debate, and will thank our debaters by contributing to their challengers when they come up for reelection. It’s your free speech, after all.

Ted Cruz Introduces Pointless Grandstanding Act of 2014

Ted Cruz (R-Teabaggistan) and Mike Lee (R-Do you really need to ask?) yesterday
introduced a bill that they call the State Marriage Defense Act to, um, slow down the spread of gay marriage or something. As their press release says (emphasis added):

WASHINGTON, DC — U.S. Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, today introduced S. 2024, the State Marriage Defense Act, which respects the definition of marriage held by the people of each state and protects states from the federal government’s efforts to force any other definition upon them. The bill will ensure the federal government gives the same deference to the 33 states that define marriage as the union between one man and one woman as it does to the 17 states that have chosen to recognize same-sex unions.

This comes on the same date that a federal judge declared Virginia’s ban on same-sex marriage unconstitutional. Great timing.

I’m not sure how this is supposed to work: the federal government is already out of the marriage-defining business; it leaves that up to the states.
So let’s say Bob and Tom have been living in Alabama for years. One day, they go up to Massachusetts and get married. The federal government needs to decide whether they’re married for purposes of federal benefits, e.g., health insurance, or to see whether they’re allowed to file a joint tax return.

Under the present system, the federal government asks, “Were these two people legally married by a state, following that state’s laws, and in accordance with that state’s definition of marriage?” In this case, yes, Massachusetts, and so Bob and Tom are married for federal purposes.

If Cruz’s bill were to pass, I don’t see how anything would change. Would Georgia say that not only does it not recognize a Massachusetts marriage, but that the federal government isn’t allowed to, either? Are Georgia’s right to define marriage somehow better than Massachusetts’s?

Of course, it’s possible—plausible, even—that I’m barking up the wrong tree, and that this should really be renamed the Get Ted Cruz’s Name in the Papers Act of 2014.

On one hand, I figure I shouldn’t feed the trolls. On the other hand, the east coast has had so much snow lately that there’s a salt shortage; so we need all the conservative tears of poutrage we can get.