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Citizens United and the Roberts Court’s War on Democracy

12 Pages Posted: 12 Jul 2011  

Gene R. Nichol Jr.

University of North Carolina School of Law


This article, published as part of the Georgia State Law Review symposium on the much-noted Citizens United case, argues enthusiastically that the Roberts Court’s bold recognition of a constitutional right to corporate electioneering is unjustified by the text, history, purpose or traditions of the First Amendment. The ruling radically and illicitly trumps democratic processes to favor the political interests of the already economically privileged. It purposely renders all campaign finance regulation silly and useless. It says, further, that there is something about our Constitution that renders us flatly powerless to deal with the scourge of purchased politics. This cannot be so. It is dangerous and demeaning to the world’s strongest democracy to suggest otherwise.

Suggested Citation

Nichol, Gene R., Citizens United and the Roberts Court’s War on Democracy. Georgia State University Law Review, Vol. 27, 2011; UNC Legal Studies Research Paper No. 1883862. Available at SSRN:

Gene Nichol (Contact Author)

University of North Carolina School of Law ( email )

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