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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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The BCRA was enacted to reduce the influence of financial contributions in political campaigns and prohibited unregulated donations to national political parties
Definition of "soft money" and "hard money"
"Soft money" refers to unregulated donations to political parties, while "hard money" refers to regulated contributions to candidates
The BCRA restricted corporations and labor unions from funding "electioneering communications" within a certain time frame to prevent corruption and maintain the integrity of the electoral process
The documentary was the subject of a dispute between Citizens United and the FEC over its broadcast violating the BCRA's electioneering communication provisions
After a lower court decision in favor of the FEC, Citizens United appealed to the Supreme Court, leading to a significant constitutional challenge regarding campaign finance regulation and free speech
The Supreme Court had to consider whether the BCRA's limitations on independent political expenditures by corporations and unions violated the constitutional guarantee of free speech
The case raised questions about the definition of political speech and the government's role in regulating the political expression of organizations and individuals, particularly in the context of campaign finance
Supporters of Citizens United argued that political spending by corporations is a form of protected political expression under the First Amendment and that limiting this spending would be censorship
The FEC and its allies argued that the First Amendment protects the speech of individuals, not corporations, and that unchecked corporate spending could lead to corruption and undermine public trust in the electoral process
The Supreme Court ruled in a 5-4 decision in favor of Citizens United, overturning the BCRA's restrictions on independent expenditures by corporations and unions
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Known as the ______ Act, the law sought to curb corruption by banning unregulated donations and limiting funding for ______ communications close to elections.
McCain-Feingold
electioneering
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Citizens United v. FEC: Outcome
Supreme Court ruled in favor of Citizens United, striking down BCRA's restrictions on electioneering communications as a violation of First Amendment.
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BCRA's Electioneering Communication Provisions
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.
