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Citizens United v. Federal Election Commission - Wikipedia, the free encyclopedia
Citizens United v. Federal Election Commission, 558 U.S. ___ (2010), (Docket No. 08-205), is a US constitutional law case, in which the United States Supreme Court held that the First Amendment prohibits the government from restricting political independent expenditures by corporations, associations, or labor unions.
The conservative lobbying group Citizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts in apparent violation of the 2002 Bipartisan Campaign Reform Act (commonly known as the McCainFeingold Act or "BCRA").[2] In a 54 decision, the Court held that portions of BCRA §203 violated the First Amendment.
The decision reached the Supreme Court on appeal from a July 2008 decision by the United States District Court for the District of Columbia. Section 203 of BCRA defined an "electioneering communication" as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary, and prohibited such expenditures by corporations and unions. The lower court held that §203 of BCRA applied and prohibited Citizens United from advertising the film Hillary: The Movie in broadcasts or paying to have it shown on television within 30 days of the 2008 Democratic primaries.[1][3]
The Supreme Court reversed, striking down those provisions of BCRA that prohibited corporations (including nonprofit corporations) and unions from making independent expenditures and "electioneering communications".[2]
The decision overruled Austin v. Michigan Chamber of Commerce (1990) and partially overruled McConnell v. Federal Election Commission (2003).[4] The Court, however, upheld requirements for public disclosure by sponsors of advertisements (BCRA §201 and §311).
The case did not involve the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties, which remain illegal in races for federal office.[5].........
The Supreme Court held in Citizens United that it was unconstitutional to ban free speech through the limitation of independent communications by corporations, associations, and unions,[21] i.e. that corporations and labor unions may spend their own money to support or oppose political candidates through independent communications like television advertisements.[22] T
his ruling was frequently interpreted as permitting corporations and unions to donate to political campaigns,[23] or else removing limits on how much a donor can contribute to a campaign.[24] However, these claims are incorrect, as the ruling did not affect the 1907 Tillman Act's ban on corporate campaign donations (as the Court noted explicitly in its decision[25]), nor the prohibition on foreign corporate donations to American campaigns,[