Colbert v. The Court

Dahlia Lithwick | Slate | February 2, 2012

...in the history of the Supreme Court, nothing has ever prepared the justices for the public opinion wrecking ball that is Stephen Colbert. The comedian/presidential candidate/super PAC founder has probably done more to undermine public confidence in the court’s 2010 Citizens United opinion than anyone, including the dissenters. In this contest, the high court is supremely outmatched.

Citizens United, with an assist from a 1976 decision Buckley v. Valeo, has led to the farce of unlimited corporate election spending, “uncoordinated” super PACs that coordinate with candidates, and a noxious round of attack ads, all of which is protected in the name of free speech. Colbert has been educating Americans about the resulting insanity for months now. His broadside against the court raises important questions about satire and the court, about protecting the dignity of the institution, and the role of modern media in public discourse. Also: The fight between Colbert and the court is so full of ironies, it can make your molars hurt...

It all started when Colbert announced that, as permitted by Citizens United, he planned to form a super PAC (“Making a better tomorrow, tomorrow”). As he explained to his viewers, his hope was that “Colbert Nation could have a voice, in the form of my voice, shouted through a megaphone made of cash ... the American dream. And that dream is simple. That anyone, no matter who they are, if they are determined, if they are willing to work hard enough, someday they could grow up to create a legal entity which could then receive unlimited corporate funds, which could be used to influence our elections."...