La decisión que amenza la democracia
DOI:
https://doi.org/10.5347/isonomia.v0i35.207Keywords:
Democracy, elections, lobbying, corporatism, conservatism, campagin financingAbstract
This text analyzes the case Citizens United v. FEC (2010) in two ways: first, it reviews the most important legal precedents regarding the limits of participation of the financial and ideological corporate businesses in the electoral context. On the other hand, it also realizes the conservative context that existed in the U.S. Supreme Court at the time of the ruling and the impact it has, in practical terms, due to the fact that judicial corporations have a constitutional right to spend unlimited resources in electoral television advertisements.
In this vein, the author also argues that the judicial resolution did not promote two of the prinicpal objectives of the First Amendment: the guarantee of freedom of expression and the contribution to honesty and transparency in government. Neither contributes to increasing electoral equity by itself or in protecting the in-tegrity of political debate.
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