Citizens United v. FEC

"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
Supreme Court of the United States
Argued March 1, 2009
Reargued September 9, 2009
Decided January 21, 2010
Full case nameCitizens United, Appellant v. Federal Election Commission
Docket no.08-205
Citations558 U.S. 310 (more)
130 S. Ct. 876; 175 L. Ed. 2d 753; 2010 U.S. LEXIS 766
ArgumentOral argument
Case history
PriorMotion for preliminary injunction denied, 530 F. Supp. 2d 274 (D.D.C. 2008);[1] probable jurisdiction noted, 555 U.S. 1028 (2008).
Holding
The provisions of the Bipartisan Campaign Reform Act of 2002 restricting unions, corporations, and profitable organizations from independent political spending and prohibiting the broadcasting of political media funded by them within sixty days of general elections or thirty days of primary elections violate the freedom of speech that is protected by the First Amendment to the Constitution of the United States. 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
MajorityKennedy, joined by Roberts, Scalia, Alito; Thomas (all but Part IV); Stevens, Ginsburg, Breyer, Sotomayor (Part IV)
ConcurrenceRoberts, joined by Alito
ConcurrenceScalia, joined by Alito; Thomas (in part)
Concur/dissentStevens, joined by Ginsburg, Breyer, Sotomayor
Concur/dissentThomas
Laws applied
U.S. Const. amend. I, Bipartisan Campaign Reform Act of 2002
This case overturned a previous ruling or rulings

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations including for-profits, nonprofit organizations, labor unions, and other kinds of associations.

The majority held that the prohibition of all independent expenditures by corporations and unions in the Bipartisan Campaign Reform Act violated the First Amendment.[2] The ruling barred restrictions on corporations, unions, and nonprofit organizations from independent expenditures, allowing groups to independently support political candidates with financial resources. In a dissenting opinion, Justice John Paul Stevens argued that the court's ruling represented "a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government".[3]

The decision remains highly controversial, generating much public discussion and receiving strong support or opposition from various politicians, commentators, and advocacy groups. Senator Mitch McConnell commended the decision, arguing that it represented "an important step in the direction of restoring the First Amendment rights".[4] By contrast, then-President Barack Obama stated that the decision "gives the special interests and their lobbyists even more power in Washington".[5]

  1. ^ Cite error: The named reference Cornell was invoked but never defined (see the help page).
  2. ^ Citizens United v. Federal Election Com'n, 558 U.S. 310 (S. Ct., 2010).
  3. ^ "The Supreme Court Deals Another Blow to Representative Democracy – Capitol Perspective". Retrieved December 1, 2020.
  4. ^ Politico Staff (January 21, 2010). "Pols weigh in on Citizens United decision". POLITICO. Retrieved December 1, 2020.
  5. ^ Smith, Ben (January 21, 2010). "Obama on Citizens United: 'Stampede of special interest money'". POLITICO. Retrieved December 1, 2020.