Facts matter, supporters of Citizen United reply to its critics, and the fact is that corporations are responsible for only a small percentage of the "huge sums" deployed in the 2012 election. Individuals have contributed most of the funds. In fact, Senate Majority Leader Mitch McConnell points out (in an amicus brief authored by Floyd Abrams) the "corporate tsunami" predicted (and alleged) by Citizen United opponents "simply did not occur."

"There are now facts that bear on the concerns expressed by (Citizens United) critics," the McConnell brief stresses:

A review of FEC records for independent expenditure-only committees -- i.e. the so-called Super PACs -- supporting the eight leading Republican Presidential candidates has evidenced minimal corporate involvement in the 2012 election cycle ... not a single one of the Fortune 100 companies has contributed a cent to any of these eight Super PACs ... of the entire $96,410,614, (contributed to the Super-PACs,) 86.32% was contributed by individuals, 12.87% by privately held corporations and less than one percent -- 0.81% -- by public companies.

These are the facts often trivialized or ignored by opponents of Citizens United, many of whom should and probably do know better. Consider the amicus brief submitted by Free Speech for People (et al.). It stresses recent, overall increases in independent expenditures and generally conflates corporate and individual spending, referencing "super-PACs funded by the corporate and wealthy elite" and citing large expenditures by individuals, like Sheldon Adelson, to buttress arguments against Citizens United.

Why? If Citizens United were reversed tomorrow, Sheldon Adelson would retain the right to spend his money on electoral speech. The amount of money contributed by relatively few individuals so far, and expected to be contributed before November, may be unprecedented (and takes several non-profit organizational forms in addition to the "super PACs"), but the individual right to contribute it was recognized by the Supreme Court back in 1976, in Buckley v Valeo. That's a fact.

But factoids dominate this debate, and, by now, it is probably futile for me to continue contradicting them. The belief that Citizens United imbued Adelson and others with the right to indulge in independent political expenditures is pervasive and probably un-correctable. It is now an article of faith among reformers that that Citizens United is directly responsible for outsized, independent expenditures. Facts matter to Citizens United critics, except when they don't.

Consider this claim disseminated by NPR in a report on the recently aborted anti-Obama/Rev. Wright ad proposed to billionaire Joe Ricketts: "Even if the content of this proposal is dead for now, the concept illuminates something new in 2012. Since the Supreme Court opened the doors to unlimited spending by outside parties, any billionaire with an idea can try to tilt the scales."