As we will discuss in class, many Americans have expressed worries that the Supreme Court’s Citizens United ruling has opened the floodgates to unlimited spending on electioneering communications. They fear that this development undermines democracy, in part by making politicians unduly beholden to wealthier interests. Furthermore, because the ruling is based on the Supreme Court’s interpretations of the First Amendment, this situation is unlikely to change soon.
However, the Brennan Center for Justice advocates that the Securities and Exchange Commission (“SEC”) institute disclosure requirements for all for-profit and nonprofit corporations so that the public, including investors in such corporations, would be aware of such spending (Indeed, the Brennan Center points out that the majority opinion of Citizens United expresses support for disclosure requirements in principle).
Assignment
Please read over the Brennan Center’s position paper (the attached) on this subject (You may skip pages 9-12). Next, please write a 6-8 page paper regarding your thoughts on what this paper proposes. You will need to demonstrate an understanding of the proposal and then answer two questions in particular: What consequences would result if the SEC were to implement such disclosure requirements? Would you support their implementation? Why or why not? (The writer can pick whether they agree or not, but they cannot describe both sides of the argument)
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