January 28, 2010
In his State of the Union message, President Obama offered his assessment of domestic and foreign policy initiatives in his first year of office. Here is an examination of some of the points he raised:
... The president appeared to have mischaracterized the Supreme Court’s decision to overturn restrictions on corporate-paid political commercials by suggesting that the decision invited political advertisements by foreign companies, too.
“Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections,” Mr. Obama said.
“Well, I don’t think American elections should be bankrolled by America’s most powerful interests, and worse, by foreign entities. They should be decided by the American people, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong.”
Justice Samuel A. Alito Jr., a member of the majority in that decision, broke with the justices’ usual decorum to openly dissent. He shook his head no and mouthed the words “not true.”
The majority opinion in the case, Citizens United v. the Federal Election Commission, specifically disavowed a verdict on the question of foreign companies’ political spending.
“We need not reach the question of whether the government has a compelling interest in preventing foreign individuals or associations from influencing our nation’s political process,” Justice Anthony M. Kennedy wrote. The court held that the First Amendment protected the right of American corporations to spend money on independent political commercials for or against candidates. Some analysts or observers have warned that the principle could open the door to foreign corporations as well.
President Obama called for new legislation to prohibit foreign companies from taking advantage of the ruling to spend money to influence American elections. But he is too late; Congress passed the Foreign Agents Registration Act in 1996, which prohibits independent political commercials by foreign nationals or foreign companies.