... It was a bold and significant move by Kennedy and the four justices who agreed with him. Not only did they repudiate the idea, dating back more than 100 years, that unlimited corporate spending in elections had a corrupting influence, they also signaled a more activist court that no long felt obligated to honor previous court rulings or precedent.
That is an unsettling thought. An activist court untethered from precedent is concern enough, but a court majority seemingly out of touch with reality is just plain scary. It is one thing to argue whether a corporation or labor union in the legal sense should be considered a person with all the rights that go with that; it’s quite another to argue that unlimited spending by these entities does not have a corrupting influence on the process.
Yet, in his opinion Justice Kennedy dismissed the corruption argument that has held sway since Congress passed the Tillman Act in 1907 that banned corporations from donating money directly to federal candidates. “This court now concludes that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”
If that were true, why then did the justices, in an 8-1 vote, agree to keep in place the restriction that banned corporations and unions from contributing directly to candidates, or the portion of the McCain-Feingold Act that bans unlimited corporate and union donations to political parties? ...
http://www.vcstar.com/news/2010/jan/23/high-court-ruling-gives-big-money-an-even-bigger/