Citizens United Part 1

Overview of the Protest at the Supreme Court

  • Date: February 26, 2014

  • Location: Washington, D.C.

  • Participants: Guy and Ryan Clayton

    • Preparation: Rehearsed their actions multiple times to ensure readiness.

Arrival at the Supreme Court

  • Journey: Took the metro and walked a few blocks to the Supreme Court.

  • Impressions:

    • Marvel at the marble steps and the intimidating atmosphere inside the court.

    • Description of the chamber:

      • Grand architecture with red velvet curtains, marble carvings, and portraits of historic lawmakers (Moses, Hammurabi, John Marshall).

    • Feelings: Anticipation mixed with nervousness ("butterflies").

The Court Session Begins

  • Court Marshal’s Introduction: Briefed attendees on courtroom etiquette.

  • Justices' Entrance: Justices appeared in robes, creating an imposing impression.

  • Chief Justice John Roberts:

    • Introduced their first case: Octane Fitness vs. Icon Health and Fitness.

    • Lawyers presented their arguments, indicating a serious atmosphere.

The Protest Event

  • Timing: As the argument concluded, Ryan made a motion to protest.

  • Protest Statement: "The majority of the American people believe that money is not speech and that our democracy should not be for sale."

  • Consequences:

    • Security quickly intervened, and Guy was forcibly removed and arrested.

    • Ryan discreetly videotaped the incident without attracting attention.

Aftermath of the Protest

  • Viral Video: Ryan posted the protest video on YouTube.

    • Media Response: The story received considerable media attention, highlighting the nature of the protest against money in politics.

    • Significance: Incidents like this had rarely been captured on camera in the court due to strict policies against cameras.

Court’s Reaction to Protests

  • Subsequent Protests: Continued to disrupt court proceedings on various occasions, including January 21, 2015.

  • Judicial Responses:

    • Chief Justice Roberts attempted to dismiss the outbursts with humor.

    • Justice Ginsburg and others expressed confusion over the protest numbers and actions.

Summary of Citizens United Case

  • The protestors repeatedly cited the Citizens United v. FEC decision (January 21, 2010).

    • Widely criticized for allowing corporations to influence elections and political discourse significantly.

    • Viewed by many as a turning point in American democracy, likened to historical errors like the Dred Scott decision.

Context of Citizens United Decision

  • Background: Citizens United produced critical documentary films, notably against Fahrenheit 9/11, which influenced political perceptions during the 2004 elections.

  • Legal Challenges: Encountered issues with the Federal Election Commission (FEC) regarding the running of ads based on restrictions established by the McCain-Feingold Act.

  • Supreme Court Hearings:

    • Citizens United argued that their film about Hillary Clinton should not be restricted by the FEC rules.

    • Their case highlighted the distinction between political advertising and documentary filmmaking.

Legal Arguments Highlighted in the Court

  • First Amendment Rights: Ted Olson argued that preventing them from running political ads was a violation of their First Amendment rights.

  • Electioneering Defined: The government argued that certain ads were susceptible to being classified as electioneering, thus subject to regulation.

  • Concerns About Limits: Justices grilled government representatives about the potential implications of restricting corporate funding on political speech, raising questions about broader free speech rights.

Implications of the Court's Decision

  • Public Reactions: The ruling led to fears of a political landscape dominated by corporate money, seen as a threat to democracy.

  • Legacy: The Citizens United decision is one of the most polarizing Supreme Court rulings in recent history, affecting how political campaigns are funded and run in the U.S.

Conclusion

  • The narrative of the protests and the Citizens United case combines personal accounts and courtroom drama, showcasing the complexities of political speech, corporate influence, and legislative governance.