During his opening statement yesterday at Solicitor General Kagan’s confirmation hearings, Senator Al Franken unsurprisingly took the opportunity to criticize the U.S. Supreme Court’s decision in Citizens United v. FEC. Arguing that the Motor Vehicle Safety Act and the Clean Air Act wouldn’t have passed if companies like General Motors and Standard Oil had been allowed to run ads right before election season against the politicians who supported that legislation, he concluded that:


So here’s my point, General Kagan: Citizens United isn’t just about election law. It isn’t just about campaign finance.


It’s about seat belts. It’s about clean air and clean water. It’s about energy policy and the rights of workers and investors. It’s about health care. It’s about our ability to pass laws that protect the American people even if it hurts the corporate bottom line.


Put aside for a moment Senator Franken’s apparent belief—shared by other advocates of “campaign finance reform”—that the American people aren’t smart enough to hear corporations’ arguments on policy issues and then decide for themselves. (For my rebuttal of this ridiculous claim, click here.) Also put aside the fact that corporations hardly have a monolithic view on all of the issues he listed.


The most important thing about Senator Franken’s statement is that it is a clear admission by him that he favors restrictions on corporations’ speech because he does not like the policy results that their speech may produce. Presumably, if every corporation liked all the policies that he does, he’d be fine with them speaking as much as possible.


Sorry, Senator Franken. The First Amendment doesn’t say, “Congress shall make no law . . . abridging the freedom of speech, except when Congress doesn’t like what the speaker has to say.”