Landmark Supreme Court Case · Campaign finance and speech
Citizens United v. Federal Election Commission (2010)
- Decided
- 2010
- Vote
- 5–4
- Opinion
- Justice Anthony Kennedy
- Constitutional provisions
Facts of the case
Citizens United, a conservative nonprofit corporation, produced "Hillary: The Movie," a documentary critical of Senator Hillary Clinton, and wanted to air it on demand and advertise it during the 2008 primary season. The Bipartisan Campaign Reform Act (McCain-Feingold, 2002) barred corporations and unions from using their general treasury funds for "electioneering communications" within 30 days of a primary or 60 days of a general election.
The constitutional question
Can the government limit independent political spending by corporations and unions?
The decision
No. Political spending is a form of protected speech, and the government may not ban independent expenditures by corporations, unions, and other associations. The Court overruled Austin v. Michigan Chamber of Commerce (1990) and part of McConnell v. FEC (2003). It upheld disclaimer and disclosure requirements.
The Court's reasoning
The First Amendment does not allow the government to restrict political speech based on the speaker's identity, including a corporate identity. Independent expenditures, meaning those not coordinated with a candidate, do not give rise to corruption or its appearance.
Why it matters
Together with a lower-court ruling that soon followed (SpeechNow.org v. FEC), it led to the rise of super PACs, which may raise and spend unlimited amounts independently. Direct contributions to candidates remain limited. The decision remains hotly debated.