Companies and unions have been able to avoid the transparency called for in the court's landmark ruling. Spending on next week's midterm election has been exorbitant.
Chicago Tribune, October 27, 2010- The Supreme Court sent a wave of corporate and union money flooding into campaign ads this year, but it did so with the promise that the public would know — almost instantly — who was paying for them.
"With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions," Justice Anthony M. Kennedy wrote in January. "This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages."
But Kennedy and the high court majority were wrong. Because of loopholes in tax laws and a weak enforcement policy at the Federal Election Commission, corporations and wealthy donors have been able to spend huge sums on campaign ads, confident the public will not know who they are, election law experts say.
Corporate donors have been able to hide their contributions despite the opposition of shareholders and customers — the very groups cited by Kennedy.