Citizens United v. Federal Election Commission

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the United States Supreme Court.

Citizens United, a nonprofit corporation, produced a film critical of Hillary Clinton and sought to air it through video-on-demand and broadcast advertisements during the 2008 Democratic primaries. The Bipartisan Campaign Reform Act (McCain-Feingold Act) prohibited corporations and unions from using general treasury funds for ’electioneering communications.’ Citizens United challenged the law as violating the First Amendment.

Significance

Justice Kennedy’s 5-4 opinion held that corporate spending on political speech is protected by the First Amendment. The Court overruled Austin v. Michigan Chamber of Commerce (1990) and partially overruled McConnell v. FEC (2003). The government cannot restrict independent political expenditures by corporations or unions, though disclosure requirements remain constitutional. Citizens United unleashed a wave of unlimited independent political spending through super PACs and significantly changed the landscape of American campaign finance.

Category

US Federal Case Law