In 2010, the Supreme Court held that “political speech does not lose First Amendment protection ‘simply because its source is a corporation.’” The case was Citizens United v. Federal Election Commission, and the conservative justices sided with a group barred by the government from airing a political documentary.
Republicans used to celebrate that decision. “For too long, some in this country have been deprived of full participation in the political process,” said Mitch McConnell, then the majority leader. The Supreme Court, he added, “took an important step in the direction of restoring the First Amendment rights of these groups.”
Mr. McConnell was standing up for a principle: People have a bedrock right to form associations, including corporations, and to use them to speak their minds.
In the last few years, however, as large companies have increasingly agitated for left-of-center causes, many Republicans have developed a sudden allergy to corporate political speech, one that will have vast consequences for both the party and the nation.
Consider the recent drama in Florida. The evident retaliation by Gov. Ron DeSantis and his Republican allies against Disney, a major corporate player in their state, is part of a larger trend: What critics once called the party of big business is now eager to lash out at large companies and even nonprofits it deems inappropriately political — which in practice means anti-Republican.
Conservatives angry at technology platforms over what they see as unfair treatment of right-of-center viewpoints have found a champion in a Republican senator, Josh Hawley of Missouri, who has introduced bills to reform legal protection for certain social media platforms and offered the Bust Up Big Tech Act. J.D. Vance, running in the Ohio Republican Senate primary, has suggested that we “seize the assets” of the Ford Foundation and other progressive NGOs; he also called for raising the taxes of companies that showed concerns about state-level voting legislation favored by Republicans last year. Leading right-wing commentators, from Tucker Carlson of Fox News to Ben Shapiro of The Daily Wire, cheer the efforts on.
Too many conservatives seem to have no qualms today in wielding state power to punish their political opponents and shape the economy to their whims. This is not just a departure from the Republican consensus of the last half-century. It is a wholesale rejection of free markets and the very idea of limited government. It will make America poorer and the American people more vulnerable to tyranny.
Republicans’ reversal is easy enough to explain: As companies increasingly accede to activist demands to make themselves combatants in a culture war, they have alienated broad swaths of the population. Twenty years ago, according to Gallup, fewer than half of Americans said they were somewhat or very dissatisfied with “the size and influence of major corporations.” Today, that number is 74 percent. Defending economic liberty is now passé. Taking on “big business” has become an effective way to score political points on the right, at least when the businesses are also seen as “woke.”
The change may be politically expedient, but it will have grave costs. Conservatives once understood that free markets are an engine that produces widespread prosperity — and that government meddling is too often a wrench in the works. Choosing winners and losers, and otherwise substituting the preferences of lawmakers and bureaucrats for the logic of supply and demand, interferes with the economy’s ability to meet people’s material needs. If Republicans continue down this path, the result will be fewer jobs, higher prices, less consumer choice and a hampering of the unforeseen innovations that make our lives better all the time.
But conservatives are turning on more than markets; they may be turning on the rule of law itself. The First Amendment prohibits the government from abridging people’s ability to speak, publish, broadcast and petition for a redress of grievances, precisely because the American founders saw criticizing one’s rulers as a God-given right. Drawing attention to errors and advocating a better path forward are some of the core mechanisms by which “we, the people” hold our government to account. The use of state power to punish someone for disfavored political speech is a gross violation of that ideal.
The American economy is rife with cronyism, like subsidies or regulatory exemptions, that give some businesses advantages not available to all. This too makes a mockery of free markets and rule of law, transferring wealth from taxpayers and consumers to politically connected elites. But while ending cronyism is a worthy goal, selectively revoking privileges from companies that fall out of favor with the party in power is not good-government reform.
One might doubt the retaliatory nature of Republicans’ corporate speech reversal, but for their inability to quit stepping in front of cameras and stating the quiet part aloud. In the very act of signing the law that does away with Disney’s special-purpose district and several others, Mr. DeSantis said this: “You’re a corporation based in Burbank, Calif., and you’re gonna marshal your economic might to attack the parents of my state. We view that as a provocation, and we’re going to fight back against that.”
But if government power can be used for brazen attacks on American companies and nonprofits, what can’t it be used for? If it is legitimate for politicians to retaliate against groups for political speech, is it also legitimate to retaliate against individuals? (As Senator Mitt Romney once said, “Corporations are people, my friend.”) And if even the right to speak out is not held sacred, what chance do the people have to resist an authoritarian turn?
Conservatives, confronting these questions, once championed free markets and limited government as essential bulwarks against tyranny. Discarding those commitments is not a small concession to changing times but an abject desecration, for cheap political gain, of everything they long claimed to believe.
For decades, the “fusionist” governing philosophy — which, in bringing together the values of individual freedom and traditional morality, charges government with protecting liberty so that the people will be free to pursue virtuous lives — bound conservatives together and gave the Republican Party a coherent animating force. That philosophy would reject the idea that political officials should have discretion over the positions that companies are allowed to take or the views that people are allowed to express.
The G.O.P. today may be able to win elections without fusionism, but it cannot serve the interests of Americans while wrecking the economy and undermining the rule of law.
Stephanie Slade (@sladesr) is a senior editor at Reason magazine.
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