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Citizens United v. Federal Election Commission (FEC)

The Supreme Court's decision in Citizens United v. FEC reshaped U.S. campaign finance, allowing unlimited corporate and union expenditures in elections. This landmark ruling, based on First Amendment rights, led to the rise of Super PACs and sparked ongoing debates about money's role in politics, democratic integrity, and the balance between free speech and electoral transparency.

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1

Known as the ______ Act, the law sought to curb corruption by banning unregulated donations and limiting funding for ______ communications close to elections.

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McCain-Feingold electioneering

2

Citizens United v. FEC: Outcome

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Supreme Court ruled in favor of Citizens United, striking down BCRA's restrictions on electioneering communications as a violation of First Amendment.

3

BCRA's Electioneering Communication Provisions

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BCRA prohibited corporations and unions from funding broadcast ads mentioning a candidate within 30 days of a primary or 60 days of a general election.

4

First Amendment Argument in Citizens United v. FEC

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Citizens United argued BCRA's limits on 'Hillary: The Movie' were unconstitutional restrictions on free speech.

5

The case questioned if the BCRA's limits on ______ political expenditures by corporations and unions conflicted with the ______ Amendment's free speech clause.

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independent First

6

Citizens United's stance on corporate political spending

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Argued it's protected speech under First Amendment, equating spending limits to censorship.

7

FEC's view on corporate speech vs. individual speech

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Believed First Amendment protects individual speech, not corporations, to prevent corruption and maintain public trust.

8

Potential consequences of unrestricted corporate spending

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Could lead to corruption or its appearance, undermining electoral process and drowning out individual voices.

9

In the Citizens United ruling, Justice ______ argued against the BCRA's limits, while Justice ______ led the dissent, focusing on individual rights over those of ______.

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Kennedy Stevens corporations

10

Emergence of Super PACs post-Citizens United

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Super PACs arose after Citizens United, allowing unlimited fundraising/spending for/against candidates without direct coordination.

11

Citizens United and free speech debates

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The ruling sparked debate on balancing free speech rights with concerns over money's influence in politics and election integrity.

12

Transparency and equity issues post-Citizens United

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Citizens United raised issues about the need for transparency in funding sources and maintaining fair electoral competition.

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The Historical Context of Citizens United v. FEC

The Supreme Court case Citizens United v. Federal Election Commission (FEC) traces its origins to the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as the McCain-Feingold Act. This legislation was enacted to reduce the influence of substantial financial contributions in political campaigns. It prohibited unregulated "soft money" donations to national political parties and limited "hard money" contributions to candidates. Additionally, the BCRA restricted corporations and labor unions from funding "electioneering communications" within 30 days of a primary or 60 days of a general election. These rules aimed to prevent corruption and ensure the integrity of the electoral process.
Golden scales of justice balanced evenly, set against a blurred courtroom backdrop with dark wood benches and a navy blue flagpole.

The Case of Citizens United v. FEC

The case of Citizens United v. FEC arose from a dispute over "Hillary: The Movie," a documentary produced by Citizens United, a conservative non-profit organization, during the 2008 presidential primaries. The FEC found that the film's broadcast within 30 days of the primaries violated the BCRA's electioneering communication provisions. Citizens United contested this decision, claiming that the BCRA's restrictions on their film infringed upon their First Amendment rights. After a lower court sided with the FEC, Citizens United appealed to the Supreme Court, prompting a significant constitutional challenge regarding campaign finance regulation and free speech.

The Central Constitutional Issue

The central constitutional issue in Citizens United v. FEC was the application of the First Amendment's free speech protections to corporate and union spending in elections. The Supreme Court had to consider whether the BCRA's limitations on independent political expenditures by these entities infringed upon the constitutional guarantee of free speech. The case presented critical questions about the definition of political speech and the government's role in regulating the political expression of organizations and individuals, especially within the context of campaign finance.

Arguments Presented to the Supreme Court

The arguments in Citizens United v. FEC reflected a stark division of opinion. Proponents for Citizens United argued that political spending by corporations constituted a form of protected political expression under the First Amendment, and that limiting this spending was tantamount to censorship. They suggested that such restrictions could potentially extend to other forms of media. Conversely, the FEC and its allies contended that the First Amendment was designed to protect the speech of individuals, not corporations, and that unchecked corporate spending could lead to corruption or its appearance, eroding public trust in the electoral process and overshadowing the voices of individual citizens.

The Supreme Court's Decision and Its Implications

The Supreme Court delivered a 5-4 decision in favor of Citizens United, overturning the BCRA's constraints on independent expenditures by corporations and unions. Justice Kennedy's majority opinion held that the government's interest in preventing corruption did not justify the suppression of political speech. The ruling effectively recognized the expenditure of money in elections as a form of free speech, thus permitting unlimited donations to independent political groups by individuals, corporations, and unions. The dissent, led by Justice Stevens, argued that the First Amendment was intended to protect the rights of individuals, not corporations, and voiced concerns that the decision could undermine the integrity of democratic institutions.

The Aftermath of Citizens United v. FEC

The Citizens United v. FEC decision has significantly altered the campaign finance landscape in the United States. It has facilitated the emergence of political action committees (PACs) and the creation of "Super PACs," which can amass and expend substantial sums in support or opposition to political candidates. The ruling has reignited debates about the role of money in politics, the influence of special interests, and the need to balance free speech with the demand for transparency and equity in elections. Citizens United v. FEC remains a contentious and pivotal issue in ongoing discussions about the interplay between free speech, campaign finance, and the principles of democratic governance.