Hillary Clinton has promised voters that, if elected, she will pursue a constitutional amendment to undo Citizens United v. FEC within her first 30 days in office.  Citizens United, a controversial decision criticized by President Obama and opposed by both Republicans and Democrats, held that banning corporate expenditures on political speech endorsing candidates during an election is a First Amendment violation.  Because I believe that the statute evaluated in Citizens United was unconstitutional, an amendment to the Constitution is the proper procedure for allowing greater restrictions on campaign expenditures.  The content of this amendment is key to ensuring that it will be ratified, that it will be effective, and that it will not unduly censor political speech or disrupt our free speech paradigm.

Continue reading “Amending the Constitution to Undo Citizens United” →