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Citizens United v Federal Election Commission

Citizens United v. Federal Election Commission
Seal of the United States Supreme Court.svg
Argued March 24, 2009
Reargued September 9, 2009
Decided January 21, 2010
Full case name Citizens United, Appellant v. Federal Election Commission
Docket nos. 08-205
Citations 558 U.S. 310 (more)
Argument Oral argument
Reargument Reargument
Opinion announcement Opinion announcement
Prior history denied appellants motion for a preliminary injunction 530 F. Supp. 2d 274 (D.D.C. 2008)probable jurisdiction noted 128 S. Ct. 1471 (2008).
Holding
The provisions of the Bipartisan Campaign Reform Act restricting unions, corporations, and non-profit organizations from independent political spending and prohibiting the broadcasting of political media funded by them within 60 days of a general election or 30 days of a primary election violate the First Amendment's protections of freedom of speech. United States District Court for the District of Columbia reversed.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Case opinions
Majority Kennedy, joined by Roberts, Scalia, Alito; Thomas (all but Part IV); Stevens, Ginsburg, Breyer, Sotomayor (only as to Part IV)
Concurrence Roberts, joined by Alito
Concurrence Scalia, joined by Alito; Thomas (in part)
Concur/dissent Stevens, joined by Ginsburg, Breyer, Sotomayor
Concur/dissent Thomas
Laws applied
U.S. Const. amend. I, Bipartisan Campaign Reform Act
This case overturned a previous ruling or rulings
Austin v. Michigan Chamber of Commerce, 1990. McConnell v. FEC, 2003 (in part).

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark U.S. constitutional law, campaign finance, and corporate law case dealing with regulation of political campaign spending by organizations. The United States Supreme Court held (5–4) on January 21, 2010 that the free speech clause of the First Amendment to the Constitution prohibits the government from restricting independent expenditures for communications by nonprofit corporations, for-profit corporations, labor unions, and other associations.

In the case, the conservative non-profit organization Citizens United sought to air a film critical of Hillary Clinton and to advertise the film during television broadcasts shortly before the 2008 Democratic primary election in which Clinton was running for U.S. President. Federal law, however, prohibited any corporation (or labor union) from making an "electioneering communication" (defined as a broadcast ad reaching over 50,000 people in the electorate within 30 days of a primary or 60 days of an election), or making any expenditure advocating the election or defeat of a candidate at any time. The court found that these provisions of the law conflicted with the U.S. Constitution.

However, the court upheld requirements for public disclosure by sponsors of advertisements. The case did not affect the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties.


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