Speaker Series - San Francisco, CA (April 14, 2010)

On April 14, 2010, Alliance for Justice co-sponsored a panel discussion in San Francisco on the controversial January 2010 Supreme Court decision in Citizens United v. Federal Elections Commission and its likely impacts on American elections and democracy.

Panelists were Nan Aron, President of Alliance for Justice; Andrew C. Byrnes, Partner, Election & Political Law Group, Covington & Burling LLP; and Frederick K. Lowell, Partner, Political Law Group, Pillsbury Winthrop Shaw Pittman LLP. Christopher S. Elmendorf, Professor of Law at the University of California, Davis King Hall Law School, moderated the discussion. These experts from the private and nonprofit sectors analyzed and debated how the landmark election law decision will affect the political landscape and its corporate, union, and nonprofit participants.  

Professor Elmendorf opened the discussion with a clear and concise overview of the key Supreme Court cases in the area of campaign finance law. The panelists then debated the possibility of whether direct corporate expenditures will flood the airwaves, and how the decision may change a political system already heavily influenced by money.

Specifically, Fred Lowell argued in support of the decision, pointing out that the decision was an important protection of First Amendment speech rights. Andrew Byrnes discussed the prospects for legislative responses to the Supreme Court decision currently being considered in Congress. Various legislative proposals include language that would ban foreign corporations and government contractors from making political expenditures, additional disclosure obligations, as well as require shareholder approval of corporate spending supporting or attacking candidates.

Nan Aron discussed the fact that while much of the public discussion concerning the decision has focused on for-profit corporations spending money in elections, we should not forget that nonprofit corporations (other than 501(c)(3) organizations) and unions are now also permitted to engage in direct speech supporting or oppose federal candidates. She urged members of the audience who work for or with nonprofits to contact Alliance for Justice if they had questions about how the Supreme Court’s decision affects their ability to influence federal elections.

This event was co-sponsored by the Bay Area Lawyer Chapter of the American Constitution Society, the South Asian Bar Association of Northern California, and the Bar Association of San Francisco.