Powell Memorandum

Based in part on his experiences as a corporate lawyer and as a representative for the tobacco industry with the Virginia legislature, he wrote the Powell Memorandum to a friend at the US Chamber of Commerce. The memo called for corporate America to become more aggressive in molding politics and law in the US and may have sparked the formation of several influential right-wing think tanks and lobbying organizations, such as The Heritage Foundation and the American Legislative Exchange Council (ALEC), as well as inspiring the U.S. Chamber of Commerce to become far more politically active. Marxist academic David Harvey traces the rise of neoliberalism in the US to this memo.

On August 23, 1971, prior to accepting President Nixon's request to become an Associate Justice of the Supreme Court, Powell sent the "Confidential Memorandum" titled "Attack on the American Free Enterprise System." He argued, "The most disquieting voices joining the chorus of criticism came from perfectly respectable elements of society: from the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians." In the memorandum, Powell advocated "constant surveillance" of textbook and television content, as well as a purge of left-wing elements. He named consumer advocate Ralph Nader as the chief antagonist of American business.

This memo foreshadowed a number of Powell's court opinions, especially First National Bank of Boston v. Bellotti, which shifted the direction of First Amendment law by declaring that corporate financial influence of elections through independent expenditures should be protected with the same vigor as individual political speech. Much of the future Court opinion in Citizens United v. Federal Election Commission relied on the same arguments raised in Bellotti.