The significance of the ruling is clear: It recognizes that freedom of the press and freedom of speech apply to all people, whether or not those people choose to organize legally as a PAC, a 527, a 501(c)(4) or a corporation. The unspoken rationale behind campaign finance reform has always been the equalization of access to political influence; many leftists feel that a poor man's speech is not truly "free" unless it counts as much as a rich man's in the public square. In this view, free speech is a commodity to be parceled out by the government in the name of equality, not an opportunity or a restriction on government interference in political action.
Because this rationale is not palatable to most Americans -- we don't want the government rationing our speech -- the campaign finance reform gurus have cloaked themselves in the guise of "anti-corruption." In Citizens United, however, the Supreme Court came out foursquare against that flimsy facade. "[T]he First Amendment," wrote Justice Anthony Kennedy, surprisingly lucid for once, "does not allow political speech restrictions based on a speaker's corporate identity."
The Citizens United decision demonstrates more than renewed allegiance to free speech principles, however. It demonstrates that perversions of the Constitution are not entrenched forever; Reagan-esque "rollback" is possible, even at the Supreme Court. Citizens United overtly states that the hallowed -- and foolish -- principle of stare decisis cannot be the final word for conservatives.
For too long, liberal legal authorities have hidden behind stare decisis when it suits them (see Roe v. Wade) and rejected it when they see fit (see Lawrence v. Texas). And conservative legal scholars have allowed liberals to get away with it because of the premium conservatives generally place on maintenance of the status quo -- as William F. Buckley famously put it, standing athwart history yelling Stop.
Historically, conservatives have embraced stare decisis on principle; liberals have embraced it without principle. As G.K. Chesterton put it, "The business of progressives is to go on making mistakes. The business of the conservatives is to prevent the mistakes from being corrected." Justice Antonin Scalia seconds Chesterton's motion in practice, stating, "You simply cannot reinvent the wheel in every case … Life is too short. By and large, I am not urging that we rip out all of the mistakes made over the last 50 years."
Now, finally, conservatives are beginning to wake up. As Justice John Roberts, a big believer in stare decisis, puts it in his concurring opinion in Citizens United, "in the unusual circumstance when fidelity to any particular precedent does more to damage [the rule of law] than to advance it, we must be more willing to depart from that precedent." The next step is for conservative justices to begin righting the wrongs that have occurred time after time in the Court's jurisprudence. Scalia's pragmatism isn't good enough. Simply because a bad decision is old does not make it a good decision. Our Constitution did not respect precedent; if it did, we'd be monarchists. It respected certain principles, and those principles must be protected at all costs.