Citizens United v. FEC
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"Citizens United" redirects here. For the political organization, see Citizens United (organization). For other uses, see Citizens United (disambiguation).
Citizens United v. Federal Election Commission | |||||||
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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)
130 S.Ct. 876
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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)[1] probable jurisdiction noted 128 S. Ct. 1471 (2008). | ||||||
Holding | |||||||
The Freedom of the Speech Clause of the First Amendment to the United States Constitution prohibits the government from restricting independent political expenditures by a nonprofit corporation. And the provision of the Bipartisan Campaign Reform Act prohibiting unions, corporations and not-for-profit organizations from broadcasting electioneering communications within 60 days of a general election or 30 days of a primary election violates the clause of the First Amendment to the United States Constitution. United States District Court for the District of Columbia reversed. | |||||||
Court membership | |||||||
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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
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McConnell v. FEC (in part) |
In the case, the conservative non-profit organization Citizens United wanted 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. This would violate a federal statute prohibiting certain electioneering communications near an election. The court found the provisions of the law that prohibited corporations and unions from making such electioneering communications to conflict with the U.S. Constitution.
The court, however, 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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