WaPo Poll Misrepresents Citizen United Decision

Andrew Odell / February 18, 2010

Continuing the wide-ranging assault on the Supreme Court’s First Amendment decision in the Citizens United case, The Washington Post claims that a poll the newspaper conducted in conjunction with ABC News shows that “Americans of both parties overwhelmingly oppose” the outcome. Cataloging the so-called “strong reservoir of bipartisan support,” the story suggests that already-promised legislative proposals aimed at curtailing the decision will be met with public accolades. But the Washington Post, and indeed virtually all of the critics of Citizens United, continue to recycle the same tired talking points, none of which withstand any rational scrutiny of the facts. Congress should be wary of this so-called “bipartisan support” for congressional action, as it is based on false reporting of the Supreme Court’s ruling, which restored First Amendment rights to engage in political speech and political association.

The Washington Post erroneously asked respondents if they supported or opposed “the recent ruling by the Supreme Court that says corporations and unions can spend as much money as they want to help political candidates win elections.” Eighty percent responded that they were strongly opposed to that mythical decision, one that does not even exist. As Hans von Spakovsky, Senior Legal Fellow at The Heritage Foundation Heritage and a former commissioner on the Federal Elections Commission, has pointed out, the Supreme Court “did not touch the ban on direct [corporate] contributions to federal candidates,” which “remains in force today.” (more…)