An essential truth lays at the heart of the Supreme Court’s landmark ruling Thursday in Citizens United v. Federal Election Commission. As Justice Anthony Kennedy observed, “if the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” The 5-4 majority thus upheld the First Amendment rights of individuals, organized and speaking through a corporation, to say their piece on any issue or candidate without getting prior permission from government bureaucrats at the FEC. Besides Kennedy, who was appointed by President Reagan, the majority included Chief Justice John Roberts and Justice Samuel Alito, who were appointed by President George W. Bush, and Justices Antonin Scalia and Clarence Thomas, who were appointed by President George H.W. Bush.
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