editor’s prefaceThis issue is bookended by a pair of short writings by <strong>Guild</strong> PresidentDavid Gespass. The first is his critique of the Supreme Court’s decision inCitizens United v. FEC, a case that has the power to permanently modifythe American political process and, frankly, is too momentous for this lawreview to ignore.In Citizens United the Court declared unconstitutional that part of theBipartisan Campaign Reform Act of 2002 (aka “McCain-Feingold”) whichbans corporate funding of radio and television campaign ads within 30 daysof a presidential primary and 60 days of the general election, thus openingthe floodgates for rich and powerful corporations to saturate popular mediawith endless amounts of thirty and sixty second campaign commercialsfor their favorite candidates. In “Citizens United and the Fetishism of theCorporation” David Gespass explains that the problem with the Court’sinterpretation of the First Amendment in this case is its failure to recognizeprecisely what corporations are and how their influence is felt in our politicalsystem. It is not so much corporations, themselves mere impersonal andabstract entities, the Court has empowered with its decision in this case asthe particular wealthy and connected individuals forming America’s rulingclass who own and control them.The Court contends that its opinion in Citizens United expands freedomof speech. Instead it imposes censorship. By allowing money to control thevolume of one’s political voice Citizens United enables the ruling class tospeak at decibel levels capable of rendering messages from its natural politicalopponents among the humbler classes, or anyone else for that matter, inau-______________________Continued on page 128<strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> <strong>Review</strong>, formerly <strong>Guild</strong> Practitioner, is published quarterly by the <strong>National</strong><strong>Lawyers</strong> <strong>Guild</strong>, a non-profit institution, at 132 Nassau Street, # 922, New York NY 10038. ISSN 0017-5390.Periodicals postage paid at New York, NY and at additional mailing offices. Subscription rates are $75/yrfor libraries and institutions; $25/yr for lawyers; $10/yr for legal workers/law students; $5/yr for incarceratedpersons; add $5/yr for overseas; $6.50/single copy, and should be sent to: 132 Nassau Street, # 922,New York NY 10038. POSTMASTER: Send change of address to: <strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> <strong>Review</strong>, 132Nassau Street, # 922, New York NY 10038. Address all editorial correspondence and law-related poems,criticisms, articles and essays to: Editor-in-Chief, <strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> <strong>Review</strong>, 830 W. Maple, Adrian,MI 49221. Unsolicited manuscripts will not be returned unless accompanied by return postage. <strong>National</strong><strong>Lawyers</strong> <strong>Guild</strong> <strong>Review</strong> is indexed/abstracted in Westlaw, PAIS-Public Affairs Information Service, TheLeft Index, the Alternative Press Index and in A MATTER OF FACT.Editorial Board: Nathan Goetting, Editor-in-Chief; Robyn Goldberg, Managing Editor; Kathleen Johnson,Book Editor; Britney Berry, Alan Clarke, Marjorie Cohn, Riva Enteen, Peter Erlinder, David Gespass, AnnFagan Ginger, Kelly A. Johnson, Silvia Lopez, Denise R. Oliveira, Melissa J. Sachs, Brenna Sharp, DeborahWillis, Henry Willis, Lisa Wong, Lester Roy Zipris.The opinions expressed in the articles are those of the various authors, and each article is Copyright, 2010,by the author and by <strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> <strong>Review</strong>.Advisory Panel: Elvia Arriola, Derrick Bell, John Brittain, Margaret Burnham, Erwin Chemerinsky, DavidCole, Barbara Dudley, Richard Falk, Lennox Hinds, Sylvia A. Law, Staughton Lynd, Manning Marable, RubenRemigio Ferro, Jitendra Sharma, Kenji Urata, Frank Valdes, Patricia Williams.
Nathan GoettingCall for theRwandan Governmentto Drop Charges AgainstProf. C. Peter ErlinderIn an obvious act of political repression, on May 28, 2010 past <strong>Guild</strong>President Prof. C. Peter Erlinder was arrested by the government of Rwanda,a long-troubled nation that in 1994 was ravaged by monstrous acts of ethnicgenocide by Hutus against Tutsis and dissenting fellow Hutus. Its currentpresident, Paul Kagame, a U.S.–trained soldier and leader of the RwandesePatriotic Front, a Tutsi-led guerrilla fighting force during the genocide thathas since come to dominate the nation’s government, has been accused byesteemed international groups such as Human Rights Watch of serious actsof illegal state violence, including the pre-trial murder of crime suspects. 3The U.S. State Department has criticized Kagame’s “strong presidency,” 4 aswell, acknowledging in its annual 2009 Human Rights Report that “securityforces arrested and detained persons arbitrarily and without due process.” 5Professor Erlinder is the attorney for Victoire Ingabire Umuhoza, a humanrights advocate and reformer who lived in The Netherlands during the genocideand is now competing for the presidency against Kagame. Ms. Umuhozahas been arrested for violating the “genocide ideology law,” a speech crimeadopted by the Rwandan parliament in 2008 that is being used as a pretext forsilencing government critics. For representing Ms. Umuhoza and challengingthe Rwandan government with his activism and in print, Mr. Erlinder, too,has been charged with violating this law. Internal Rwandan politics aside,the <strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> opposes attempts by any nation to discouragefree and spirited political speech and believes that every person charged witha crime is entitled to a vigorous defense. That vigor should never be chilledby prosecuting attorneys merely for expressing themselves and working toensure that due process of law is afforded their clients. The time has cometo end this vicious and pathetic tactic, indelibly written in the handbook ofscared and bullying regimes. Our thoughts and, more importantly, our actionsare united in support for Prof. Erlinder.____________NOTES1. Press Release, Human Rights Watch, Rwanda: Police Killings Tarnish Rule of Law(July 24, 2007), at http://www.hrw.org/english/docs/2007/07/23/rwanda16455.htm.2. U.S. Bureau of Democracy, Human Rights, and Labor, 2009 Human Rights Report:Rwanda (Mar. 11, 2010), at http://www.state.gov/g/drl/rls/hrrpt/2009/af/135971.htm.3. Id.