Is it Free $peech?
/by guest author Judy Nagel, Rotarian
(Note from Lynn: I asked my smart friend, Judy Nagel, retired Wells Fargo Financial Advisor and active member of Rotary International, to share with us her perspective on a proposed amendment to the Constitution regarding needed campaign finance reform. And so we ask you to consider: Is it free $peech?)
Yes, you read that correctly: I want to know whether money is part of free speech, because the United States Supreme Court said it is. Remember Citizens United in 2010, when the Court ruled that restricting political spending by corporations and unions is inconsistent with the First Amendment? Money talks, I guess, and we’re not allowed to silence it.
Apparently it all started with Watergate. (Who could ever forget that?!) 1974 saw passage of the Federal Election Campaign Amendment, limiting campaign contributions. Four years later the FEC softened restrictions: Donors could send money to political parties, just not directly to candidates. That’s where we got the term “soft money,” as parties simply turned around and used the $$$ to support their candidates anyway. Democrats tried unsuccessfully for years to restrict this soft money and got nowhere. Finally, in 2000, Senators John McCain (R) and Russ Feingold (D) managed to get their campaign reform bill through Congress after five years of trying. Bush signed it into law, and the Court upheld it in 2003: All campaign contributions by corporations and unions were banned.
From soft money to dark money
And then, in 2010, Citizens United opened the floodgates again. How we got to that point is a long, ugly story that included airing of films with political messaging and other nonsense. Suffice it to say, in January 2010, a 5-4 court decision struck down restrictions on independent political expenditures by corporations as violations of the First Amendment. Some citizens viewed that court decision as a defense of American free speech, safeguarding government overreach, while others saw it as a promotion of “corporate personhood,” granting disproportionate political power to large corporations. Most of us refer to it as “Citizens United,” the freedom of corporations to expend limitless money to win campaigns.
In spring of 2025, Wisconsin felt the effects of Citizens United as Elon Musk poured $20 million into our state Supreme Court race. His chain saw failed against the hardy stock of Wisconsinites, but still it was unnerving and perhaps a clear signal that things have really gotten out of hand. A joint resolution to end this insanity was introduced in committee. A supporter of the original resolution, which never made it to the floor for debate, explained, “We are seeing the effects of this system every cycle. Elections continue to be nationalized with tens of millions of dollars flooding into our districts from all over the country – and even foreign sources – and shouting down the voices of our constituents.” Actual passage will require bipartisan support, of course.
More than 172 Wisconsin cities, counties and towns have already passed a resolution to repeal Citizens United. (The City of Green Bay passed such a referendum more than ten years ago!) Recently nearly 90% of Wisconsin voters polled agreed that the influence of money in politics is a threat to democracy. They agree that money spent on Wisconsin elections by those who do not live in our state is deeply troubling. It subverts our values and trust, taking away rights that should naturally be self-evident as Americans. I am convinced that the hardworking people of Wisconsin are tired of being silenced by special interests. This resolution would give voice and self-reliance back to them.
Taking a stand as a Rotarian
I support this measure as a Wisconsin resident, taxpayer, and voter, but I find my voice as an active member of Rotary International. Let me tell you a little about this esteemed organization and its support for the repeal of Citizens United.
Since its founding in 1905 by a young lawyer named Paul Harris, Rotary International has been bringing together people of common mind for civic purposes. From its first humble service project in 1907, building public restrooms in Chicago, to its international support for the founding of the United Nations, the Rotary Club has led its members to service greater than themselves. Before World War II ended, Rotarians were in Dumbarton Oaks to help provide the structure for the UN. With more than 80 million dead by the end of the war, Rotary International determined to find a better way to solve problems and improve life than through warfare.
And so, today, we Rotarians focus on peaceful but productive solutions that educate and activate citizens to examine norms and legislation in need of review and repair – possibly even repeal. We uphold eight “pillars of positive peace,” including:
Well-functioning government
Sound business environment
Acceptance of the rights of others
Good relations with neighbors
Free flow of information
High levels of human capital
Low levels of corruption
Equitable distribution of resources
Working in partnership with American Promise, my Rotary partners and I have held town hall meetings, spoken to other Rotary clubs, and met with legislators. What we seek is a limit to foreign, out-of-state, and special interest money that demands favors from elected officials in return for outsized campaign contributions.
What you can do
That’s going to require an amendment to the United States Constitution – a major undertaking – but we must correct the dangerous notion that “money is free speech.” Across the country other citizens and Rotarians are meeting with federal, state and local officials to support such an effort. Twenty-three states have already sent resolutions to Congress requesting a proposal for ratification to be brought forward to the American people. My goal is to make Wisconsin the twenty-fourth.
When Rotary International gets behind a nonpartisan effort toward civic improvement, we always apply these four tests:
Is it the truth?
Is it fair to all concerned?
Will it build good will and better friendships?
Will it be beneficial to all concerned?
I believe this amendment, called “For our Freedom,” meets those important criteria. I’d like to share the proposal with you here and ask you to take whatever action you, as an individual citizen, can take to make this constitutional amendment a reality:
We the people have compelling sovereign interests in the freedom of speech, representative self-government, federalism, the integrity of the electoral process, and the political equality of natural persons. Nothing in this Constitution shall be construed to forbid Congress or the States, within their respective jurisdictions, from reasonably regulating and limiting contributions and spending in campaigns, elections, or ballot measures. Congress and the States shall have the power to implement and enforce this article by appropriate legislation and may distinguish between natural persons and artificial entities, including by prohibiting artificial entities from raising and spending money in campaigns, elections, or ballot measures.
Please join the efforts of Rotary members, in your own civic way, to pass this measure in Wisconsin as we continue our work of peace building and conflict prevention.