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Quick Fact: "Fox News brain room" claims Obama statement on Supreme Court ruling is "wrong"

January 28, 2010 10:53 am ET — 16 Comments

On Fox News' America's Newsroom, co-host Martha MacCallum claimed that the "Fox News brain room" determined that President Obama's statement that a recent Supreme Court ruling would "open the floodgates" for foreign corporations to spend in U.S. elections was "wrong," adding that "the court specifically wrote that it was not overturning restrictions on foreign dollars." In fact, four of the Supreme Court's justices agreed in their opinion that the decision "would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans" to make certain election-related expenditures.

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From the January 28 edition of Fox News' America's Newsroom:

MacCALLUM: There's new information now about the State of the Union moment that's getting a lot of attention this morning. It started with the president criticizing the Supreme Court decision last week on political advertising. Supreme Court Justice Samuel Alito, who was there in the audience with the others on the bench, agree apparently -- openly disagreed with what the president was saying. Watch this moment.

OBAMA (video clip): Last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections. [edit] I don't think American elections should be bankrolled by America's most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I'd urge Democrats and Republicans to pass a bill that helps correct some of these problems.

MacCALLUM: All right, let's take a look at the other side of the shot there. There is Justice Alito. He sort of shook his head and he appeared to mouth the words "not true." A lot of media outlets have written that the justice was just unhappy with the White House criticism, but our Fox News brain room has been digging into the specifics of the president's statement. And they dug out the Supreme Court decision itself, and the president's reference to foreign corporations' participation in this change is what is wrong here. Now, the court specifically wrote that it was not overturning restrictions on foreign dollars. Those will stay in place. It is possible that that is what caused that reaction from Justice Samuel Alito.

Fact: Four justices stated that logic of decision would appear to protect "multinational corporations controlled by foreigners"

Stevens: Logic of decision "would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans." From Justice John Paul Stevens' opinion concurring in part and dissenting in part in Citizens United v. FEC -- an opinion joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (footnotes omitted):

If taken seriously, our colleagues' assumption that the identity of a speaker has no relevance to the Government's ability to regulate political speech would lead to some remarkable conclusions. Such an assumption would have accorded the propaganda broadcasts to our troops by "Tokyo Rose" during World War II the same protection as speech by Allied commanders. More pertinently, it would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans: To do otherwise, after all, could " 'enhance the relative voice' " of some ( i.e., humans) over others ( i.e. , nonhumans). Ante, at 33 (quoting Buckley, 424 U. S., at 49). Under the majority's view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech.

Stevens: Decision will "cripple" government's ability to prevent "corporate domination of the electoral process." Stevens also wrote:

The Court's blinkered and aphoristic approach to the First Amendment may well promote corporate power at the cost of the individual and collective self-expression the Amendment was meant to serve. It will undoubtedly cripple the ability of ordinary citizens, Congress, and the States to adopt even limited measures to protect against corporate domination of the electoral process. Americans may be forgiven if they do not feel the Court has advanced the cause of self-government today.

Fact: Other experts say Citizens United decision might lead to campaign money from foreign corporations

Several experts argue that decision opens door to campaign money from U.S. subsidiaries of foreign corporations. As Media Matters for America has detailed, experts on campaign finance law stated that that the Supreme Court's ruling does not prohibit foreign-controlled companies operating in the United States from spending money to elect or defeat political candidates.

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    • Author by DellDolly (January 28, 2010 11:19 am ET)
      10 2
      Why they don't give any credit to the experts on the US Supreme Court is beyond me. Well, not really - we've seen the Republicans be dismissive of any other viewpoint other than their own time after time!

      Until (if and when) a new ruling determines that foreign companies can't contribute, they will be able to give money. So Obama was right, as are the 4 justices in the minority. Arguing that eventually that spigot might be able to be turned off doesn't mean that it's not going to flow now as a result of the majority decision here - a decision that overturned decided law!
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      • Author by shaggles (January 28, 2010 2:34 pm ET)
           
        How does this have 2 thumbs down?
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        • Author by DellDolly (January 28, 2010 4:03 pm ET)
          1  
          Because I have a couple of stalkers who downrate virtually anything I post. I wear it as a badge of honor. Personal animus towards another poster is totally inappropriate in forums like this. One should judge others based upon their behavior and the thoughts and words, not on personal animus.
          Report Abuse
          • Author by nativeofsf (January 28, 2010 4:42 pm ET)
            1 1
            Not to worry D-D,
            everyone knows they're just trolls...vindictive schmucks as well.
            Report Abuse
      • Author by nerzog (January 28, 2010 3:25 pm ET)
        1  
        And, since these Corporations will probably buy the next few elections, we may have a Troglodyte Supreme Court indefinitely. Karl Rove may get his permanent Republican Majority after all.
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    • Author by MeanMrSpicyMustard (January 28, 2010 11:43 am ET)
         
      "Brain room?" What the crap?

      [http://www.neatorama.com/images/2006-12/women-nes-samus.jpg]
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    • Author by foghornleghorn (January 28, 2010 11:50 am ET)
      5 1
      "Fox News brain room"

      Huh? She must be referring to the coat closet. Or a drawer in Beck's desk.
      Report Abuse
    • Author by everettbme (January 28, 2010 12:59 pm ET)
      3 1
      "Fox News brain room"

      Is this where they keep the one brain at Fox that everyone there shares?
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    • Author by scanlontodd9871 (January 28, 2010 3:02 pm ET)
      3  
      "Fox News brain room" Who in the hell is she talking about? Thats one of the funniest things that I have ever seen come from Fox Noise
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    • Author by nerzog (January 28, 2010 3:23 pm ET)
      1  
      [http://www.laughstupid.com/outskirts/yf.jpg]
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    • Author by nerzog (January 28, 2010 4:55 pm ET)
         
      [http://images.clipartof.com/small/45647-Royalty-Free-RF-Clipart-Illustration-Of-A-Skull-With-The-Pink-Brain-Exposed-Big-Blue-Eyes-And-Teeth-In-The-Jaw.jpg]
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