As I see it, the Constitution generally, and the Bill of Rights specifically, give and limit rights to people and the government. It says nothing about businesses. This ruling essentially says that businesses are the same as individuals under the Constitution.
A strange, strange conclusion for a bunch of strict constructionists.
Bad for the Constitution, bad for politics, bad for the country.
The ruling doesn't say that businesses are the same as individuals at all.
The court ruled that restrictions against corporations being able to contribute to candidates may stand.
The Constitution and the Bill of Rights, specifically the 1st amendment, protect speech and importantly, political speech from recrimination from the government.
Whether we like it or not, corporations do have interests and they do have a right to speech of all kinds. The alternative is chilling.
The problem with government restricting anyone or any entity's speech is that those who are in power have an interest in staying in power. They could legislate against anti-war speech or anti-Obama (or Bush) speech or anti-tea party speech, and so on.
I felt from the getgo that the anti-free speech provisions of McCain-Feingold were certain to be overturned by the court. The ruling is no surprise, and a refreshing restraint on govt. power.
“If the First Amendment has any force,” Justice Anthony M. Kennedy wrote for the majority, which included the four members of its conservative wing, “it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”
When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought [Justice Anthony Kennedy wrote for the majority]. “This is unlawful. The First Amendment confirms the freedom to think for ourselves.”
All this aside, I don't see why it's in the interest of shareholders to have the companies they own spend money on political ads. At least it shouldn't be. Address this and the rest sorts itself out.
Consider that neither you nor I may have enough spare cash to buy a TV ad because we're unhappy about something the govt. is doing and we want everyone to know. Together, with enough like minded folks, we can get enough money together to buy those ads. We're not "individuals" in this scenario, but an association of like minded folks. Do we want govt. to proclaim us a "corporation" and force us to pull our ads?