Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

January 30, 2023 | SCOTUS Fails to Identify Leaker of Dobbs Opinion

Citizens United v. Federal Election Commission: Campaign Finance Reform and the First Amendment

What cuts Campaign Finance Reform and the First Amendment right down the middle? Why its the case of Citizens United v. Federal Election Commission.

In Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), a sharply divided U.S. Supreme Court held that corporate political spending is protected speech under the First Amendment. The controversial decision has dramatically limited the government’s power to enact campaign finance reform.

The Facts of the Case

Under the Bipartisan Campaign Reform Act of 2002 (BCRA), corporations and unions were prohibited from using their general treasury funds to make independent expenditures for speech that is an “electioneering communication” or for speech that expressly advocates the election or defeat of a candidate. An electioneering communication is defined as “any broadcast, cable, or satellite communication” that “refers to a clearly identified candidate for Federal office” and is made within 30 days of a primary election, and that is “publicly distributed.”

In McConnell v. Federal Election Comm’n, 540 U.S. 93 (2003), the Supreme Court rejected a facial challenge to restrictions on electioneering communications. Its decision largely rested on Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), in which the Court held that political speech may be banned under the First Amendment based on the speaker’s corporate identity.

In January 2008, Citizens United, a nonprofit corporation, released a documentary critical of then-Senator Hillary Clinton, who was seeking the Democratic Presidential nomination. To promote the documentary, Citizens United produced television ads to run prior to the primary election. To avoid incurring penalties under BCRA, Citizens United sought declaratory and injunctive relief, arguing that the campaign finance law was unconstitutional as applied to Hillary and the ads. The District Court ruled in favor of the Federal Election Commission (FEC), and Citizens United appealed.

The Supreme Court’s Decision

By a vote of 5-4, the majority held that corporations and labor unions have First Amendment right to make independent expenditures that advocate election or defeat of candidates in certain federal elections. Justice Anthony M. Kennedy wrote for the majority joined by Chief Justice John G. Roberts and Justices Antonin G. Scalia, Samuel A. Alito, and Clarence Thomas.

The majority opinion highlighted that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. It further reasoned that corporations, as associations of individuals, are afforded the same rights as regular citizens.

“If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech,” the majority held. In deciding the case, the majority expressly overruled Austin as well as the part of McConnell that upheld BCRA’s application to independent corporate expenditures.

In a sharply worded dissent, Justice John Paul Stevens argued that the majority “ruling threatens to undermine the integrity of elected institutions across the nation.” Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotamayor joined the opinion.

Previous Articles

SCOTUS Kicks Off February Session With Four Cases
by DONALD SCARINCI on January 26, 2023

The U.S. Supreme Court returned to the bench this week to begin their February session. The justice...

Read More
Supreme Court Adds Two Sixth Amendment Cases to Docket
by DONALD SCARINCI on January 24, 2023

The U.S. Supreme Court recently agreed to consider two cases involving the Sixth Amendment to the C...

Read More
SCOTUS Leaves Title 42 in Place Temporarily
by DONALD SCARINCI on January 19, 2023

In Arizona et al. v. Alejandro Mayorkas et al., the U.S. Supreme Court agreed to keep the federal g...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • NJ Supreme Court Rules Campus Police Officer Eligible for Arbitration
  • Lorem ipsum
  • Ketanji Brown Jackson to Join SCOTUS as First Black Female Justice
  • SCOTUS Rules Kentucky AG Can Defend Abortion Law

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards

con law awards

Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising