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Aaron Ross Powell

Posted on January 21, 2010

Citizens United and Those Dastardly Labor Unions

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The United States Supreme Court rolled back decades of campaign finance restrictions today, handing down a decision in Citizens United v. Federal Election Commission that

upends the court’s precedent that corporations may not use their profits to support or oppose candidates, and it rejects a large portion of the so-called McCain-Feingold campaign finance reform act that the justices had declared constitutional just six years ago. It seems likely to apply to the political role of labor unions as well.

It’s that last line that’s most interesting when looking at the Internet’s reaction to the ruling. Twitter is buzzing about Citizens United, with “Supreme Court” a trending topic. I’ve been tracking the tweets off and on throughout the morning and they seem to take one of two forms. There are those–like me–who hail the opinion as a breakthrough for free speech and a vindication of the First Amendment. But there’s also a avalanche of tweets breathlessly declaring a new corporate age, when evil businessmen will buy elections and we’ll all be at the mercy of our fat cat, private sector overlords.

Almost nobody mentions the labor unions. I mean, if you’re concerned that the Supreme Court has sold America to General Electric and Exxon, why aren’t you also concerned that it’s handed our political system over to the UAW and the AFL-CIO? Corporations ultimately gain “power” (though what we really mean is “money”) buy selling folks stuff they want to buy. Unions, on the other hand, use the political process to force themselves upon the unwilling. Comcast may want to take over the world, but they have to do it without wielding the awesome legal might of the National Labor Relations Act.

The lack of concern about union money in politics, however, is yet another symptom of a broader problem in American political thought. Namely, we’re quite good at locating the problems in the political process (corrupt politicians and corrupting influences), but we tend to assume those only affect the other guys. When our guys are in control, everything is fine and corruption never enters the picture.

Thus we get the reaction to Citizens United: money from corporations spent promoting candidates or issues is “buying” elections. Money from unions doing the same is simply representing the will of the working class. While I think it’s wrong to see money spent on political speech as corrupting whether it comes from corporations or unions, we’d all be better off if we were at least consistent in our condemnation.

If you like this, you might want to check out these posts, too.

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  • The Age of Abundant Communication and the Decline of Privacy
  • “The Autonomy Myth” by Martha Albertson Fineman: Chapter 10: The Tenable State
  • Communitarians Still Don’t Get It

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  • Nate
    Aaron, I think a distinction can be made between labor unions and corporations. The former is explicitly an advocacy organization, people join it to take advantage of its collective power in both the workplace and in politics (although I concede that whether a union actually represents its member is an open question). A corporation, on the other hand, is a singularly commercial entity; the money it takes in is not explicitly earmarked for political or advocacy purposes.

    But I will say, you're spot on your overall point about endemic hypocrisy in American politics.
  • Aaron Ross Powell
    Nate, I think your point is valid but depends greatly on how abstractly we look at unions and corporations. At the VERY abstract level, both are organizations meant to advance the interests of their members. For a union, this means advocating higher salaries, better benefits, more job security, etc. A corporation wants to earn money for its stockholders. How each does that is ultimately unimportant for that bottom line. A corporation can earn profit by selling a better product -- or through rent seeking. A union can get better job security by negotiating labor contracts -- or by lobbying for protective tariffs. I'd argue, therefore, that unions and corporations (and by "corporation," I mean only those that are profit seeking, and not non-profits like the ACLU -- which are also covered by this ruling) are rather indistinguishable in this sense.
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