CITIZEN v. FEC
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| CITIZEN v. FEC | |
|---|---|
| Case name | Citizen United v. Federal Election Commission |
| Argued | March 24, 2009 |
| Decided | January 21, 2010 |
| Citation | 558 U.S. 310 |
| Docket | 08-205 |
| Majority | Kennedy |
| Joined majority | Roberts, Scalia, Thomas, Alito |
| Concurrence | Roberts, Scalia, Thomas, Alito (separate) |
| Dissent | Stevens |
| Joined dissent | Ginsburg, Breyer, Sotomayor |
| Laws applied | First Amendment to the United States Constitution; Federal Election Campaign Act; Bipartisan Campaign Reform Act of 2002 |
CITIZEN v. FEC is a 2010 United States Supreme Court decision that addressed the scope of the First Amendment in relation to corporate and union spending on political communications under the Bipartisan Campaign Reform Act of 2002. The Court held that restrictions on independent expenditures by corporations and labor organizations were unconstitutional, overruling precedent and reshaping campaign finance law. The ruling provoked extensive debate among legislators, political figures, scholars, and advocacy groups and influenced subsequent litigation and regulatory efforts.
Background
The dispute arose after Hillary Clinton declared her 2008 presidential candidacy and Citizens United sought to distribute a film critical of Clinton, engage in video-on-demand, and advertise close to primary elections, implicating provisions of the Bipartisan Campaign Reform Act of 2002 enacted during the George W. Bush administration. The Federal Election Commission enforced BCRA sections that prohibited corporations and unions from making independent expenditures for "electioneering communications" and from financing electioneering broadcasts, provisions that intersected with precedents such as Buckley v. Valeo and Austin v. Michigan Chamber of Commerce. Key actors included Citizens United, founded by F. Ross Johnson, and opponents including Democratic National Committee, conservative and liberal advocacy organizations, and major media companies like Viacom and Walt Disney Company that had interests in political broadcasting.
Litigation and Procedural History
Citizens United filed suit in the United States District Court for the District of Columbia, challenging enforcement actions by the Federal Election Commission and seeking declaratory and injunctive relief concerning a documentary film titled "Hillary: The Movie" and related distribution plans. The district court denied preliminary relief; the case proceeded to the United States Court of Appeals for the District of Columbia Circuit, where a three-judge panel, including judges associated with appointments by Bill Clinton, George H. W. Bush, and Ronald Reagan, affirmed in part, relying on precedents such as McConnell v. Federal Election Commission and decisions from the Supreme Court of the United States. Citizens United petitioned for certiorari, joined by amici including American Civil Liberties Union, Chamber of Commerce of the United States of America, National Rifle Association, Common Cause, and various labor unions. The Supreme Court granted certiorari to resolve conflicts among circuits and to clarify the scope of corporate political speech protections.
Supreme Court Decision
In a 5–4 decision authored by Justice Anthony Kennedy, the Court held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment, striking down BCRA's restrictions on corporate and union independent expenditures and on electioneering communications. The majority opined that political speech does not lose First Amendment protection simply because its source is a corporation, overturning aspects of Austin v. Michigan Chamber of Commerce and narrowing McConnell v. FEC. Justices John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito joined Kennedy's opinion; separate concurring opinions by Roberts and Scalia elaborated on precedent and originalist theory. Justice John Paul Stevens authored a dissent, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor, warning of the decision's consequences for electoral integrity and democratic policymaking.
Legal Reasoning and Opinions
The majority grounded its reasoning in First Amendment jurisprudence, invoking protections established in New York Times Co. v. Sullivan, Buckley v. Valeo, and First National Bank of Boston v. Bellotti to reject government interests in preventing corporate-led political speech. The opinion emphasized strict scrutiny-like analysis for content-based restrictions and rejected the anti-distortion rationale advanced in Austin v. Michigan Chamber of Commerce. Concurring opinions by Roberts and Scalia addressed judicial restraint and stare decisis, citing cases including Marbury v. Madison and interpretive approaches associated with Antonin Scalia's textualist methodology. The dissent, drawing on precedents such as McConnell v. FEC and empirical concerns noted by scholars at Harvard Law School, Yale Law School, Stanford Law School, and Columbia Law School, argued for upholding BCRA to prevent corruption or its appearance, referencing historical responses like the Tillman Act of 1907 and regulatory frameworks advanced by the Federal Communications Commission.
Impacts and Subsequent Developments
The decision dramatically altered the landscape for political spending by enabling corporations, unions, and nonprofit organizations to make unlimited independent expenditures and to fund so-called Super PACs following related developments in Speechnow.org v. FEC at the D.C. Circuit. The ruling affected elections involving figures such as Barack Obama, Donald Trump, Hillary Clinton, Joe Biden, Bernie Sanders, and influenced activity by organizations including MoveOn.org, Americans for Prosperity, Correct the Record, Priorities USA Action, Citizens United affiliates, and corporate political action committees like those of ExxonMobil and Google. Legislative responses included proposals from members of United States Congress and state governments, with measures considered in the Senate of the United States, House of Representatives, and by state bodies in California, New York, and Massachusetts. Subsequent litigation and rulemaking by the Federal Election Commission, along with scholarly analysis in journals such as the Yale Law Journal, Harvard Law Review, and Columbia Law Review, continued to refine the practical effects on campaign finance disclosure, coordination law, and independent expenditure reporting.
Criticism and Commentary
The decision generated criticism from political leaders including Nancy Pelosi, Harry Reid, Mitch McConnell, and commentators from outlets like The New York Times, The Washington Post, The Wall Street Journal, Fox News, and MSNBC. Scholars at Princeton University, University of Chicago, New York University School of Law, and Georgetown University Law Center debated its constitutional reasoning and empirical implications for political equality and corruption. Civil society organizations such as Common Cause, Public Citizen, League of Women Voters, and Brennan Center for Justice called for legislative and constitutional responses, while advocates including Federalist Society members and free-speech proponents defended the ruling. The decision also prompted proposals for a United States Constitutional amendment and state-level disclosure initiatives, generating ongoing discourse in academic symposia, testimony before United States Senate Committee on the Judiciary, and reports by think tanks like the Brookings Institution and Cato Institute.