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Constitutional Law Keyed to Barnett
Citizens United v. Federal Election Commission
Citation:
558 U.S. 310 (2010)Facts
The Bipartisan Campaign Reform Act of 2002 was a federal law that prohibited corporations and unions from using general treasury funds to contribute to candidates or spend money to advocate for the election or defeat of a candidate, including through media. (However, corporations could establish a “political action committee (PAC)” to collect donations from stockholders and employees or members of the union). Specifically, § 441(b) of that law made it a felony for all corporations, including nonprofit corporations, to advocate for a candidate through media within 30 days of a primary election or 60 days of a general election. The Federal Elections Committee (FEC) issued regulations that further defined and regulated this prohibition on political speech.
Petitioner Citizens United, a nonprofit corporation, released a documentary film that was critical of Hilary Clinton, a 2008 presidential candidate. Leading up to the 2008 Primary elections, Citizens United wanted to release the film through video-on-demand but was worried that the film and ads would be banned under the Bipartisan Campaign Reform Act. Citizens United sought declaratory and injunctive relief against the FEC, arguing certain provisions in the Bipartisan Campaign Reform Act were unconstitutional limitations on speech in violation of the First Amendment.
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