Clinton seems to think that a new justice or two might set the Second Amendment right. On the First Amendment, however, she sees the Supreme Court as a lost cause.
Her target is the 2010 Citizens United decision, which established the right of corporations and labor unions to participate in electioneering. In the debate, she said it “has undermined the election system in our country because of the way it permits dark, unaccountable money to come into our electoral system.”
But all the decision did was to prevent the government from suppressing speech about political matters. The justices noted that under the law it struck down, it would be a felony for the Sierra Club, within 60 days of a general election, to run an ad urging “the public to disapprove of a Congressman who favors logging in national forests.” The court ruled that speech doesn’t lose protection merely because it comes from corporations — a category that includes many advocacy groups.
Such expression would be censored if Clinton had her way. She proposes a constitutional amendment to overturn the decision — which would be the first time in our history that the Bill of Rights would be altered to restrict our freedoms.