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Citizens United v Federal
Election Commission

          Week 10
What is the context of the
case?
   ‘Electioneering communication’ means
    something specific. Where would you find the
    definition to this?
   Rule 441(b) organizations had restrictions
    placed upon their electioneering
    communication spending. What is a 441(b)
    organization?
   What was going on in our country at the time?
2 U.S.C. 441(b)
   What does this statute make unlawful?
       Donations to campaigns
       Limits the types of communications
        corporations/unions can make during
        elections (electioneering communications)
11 CFR 100.29
   Rules defining electioneering
    communications
   What is an electioneering
    communication?
Precedent in effect
   Bucky v. Valeo: Upheld federal election laws which set limits on
    campaign contributions, but ruled that spending money to influence
    elections is a form of constitutionally protected free speech; The laws in
    question were passed by congress after the president Ford vetoed.
   Austin v. Michigan State: When a State seeks to regulate corporate
    political expenditures, it is not a limitation of the corporation’s First
    Amendment constitutional rights if the state sets guidelines regarding
    the origin of the funds.
   McConnell v. FEC: Banning ‘soft-money’ (money not given directly to
    candidates but instead to political parties) contributions are not
    unconstitutional.
Who is the plaintiff?
   Citizens United is a political advocacy
    group
   Google ‘citizens united’
   What can you learn about them from
    their website?
What happened?
   During the 2008 election, a conservative non-profit organization named
    "Citizens United" produced Hillary: The Movie, a documentary critical of
    Hillary Clinton. Because of the political nature of the movie and the fact
    that Citizens United intended to purchase airtime on a video on-
    demand service on cable television, the movie was deemed an
    "electioneering communication" by the Federal Election Commission
    (FEC) and was therefore subject to the rules governing the production
    of political ads, including limitations on who may fund them. Citizens
    United sued in federal court to overturn the decision, lost and appealed
    to the Supreme Court.
   The Supreme Court held two hearings on the case and its ruling
    ultimately went far beyond what the plaintiffs had sought. The 5-4
    decision permits corporations, unions and other special interests to
    spend as much as they like to advocate the election or defeat of
    political candidates. Laws that bar those interests from contributing
    directly to candidates remain in place but the ruling lifted controls on
    political giving that had been in place for decades.
What are the concerns?
   Corruption in elections
   Foreign involvement in elections
   Unaccountability to voting electorate
   Lack of fairness in electoral process
   Democracy, where every vote matters,
    no longer holds true
   Invisible hand of corporations running
    government
What about the decision?
   What does it do?
   What doesn’t it do?
   Was this decision broad?
   Could it have been made more narrow?
What rules must 441(b) orgs
follow?
   What happened to the statute?
   The regulations?
   The previous cases on this topic?
   Where do we go from here?
   Can corporations donate to campaigns?
   Can corporations donate anonymously?
Constitutional Implications
   At its heart this is a first amendment/free
    speech case
   What does this case say about the first
    amendment?
   What does it say about money and its role in
    speech rights?
   What does it say about corporate speech?
    Commercial speech? Political speech?

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Week 10 Citizens United

  • 1. Citizens United v Federal Election Commission Week 10
  • 2. What is the context of the case?  ‘Electioneering communication’ means something specific. Where would you find the definition to this?  Rule 441(b) organizations had restrictions placed upon their electioneering communication spending. What is a 441(b) organization?  What was going on in our country at the time?
  • 3. 2 U.S.C. 441(b)  What does this statute make unlawful?  Donations to campaigns  Limits the types of communications corporations/unions can make during elections (electioneering communications)
  • 4. 11 CFR 100.29  Rules defining electioneering communications  What is an electioneering communication?
  • 5. Precedent in effect  Bucky v. Valeo: Upheld federal election laws which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech; The laws in question were passed by congress after the president Ford vetoed.  Austin v. Michigan State: When a State seeks to regulate corporate political expenditures, it is not a limitation of the corporation’s First Amendment constitutional rights if the state sets guidelines regarding the origin of the funds.  McConnell v. FEC: Banning ‘soft-money’ (money not given directly to candidates but instead to political parties) contributions are not unconstitutional.
  • 6. Who is the plaintiff?  Citizens United is a political advocacy group  Google ‘citizens united’  What can you learn about them from their website?
  • 7. What happened?  During the 2008 election, a conservative non-profit organization named "Citizens United" produced Hillary: The Movie, a documentary critical of Hillary Clinton. Because of the political nature of the movie and the fact that Citizens United intended to purchase airtime on a video on- demand service on cable television, the movie was deemed an "electioneering communication" by the Federal Election Commission (FEC) and was therefore subject to the rules governing the production of political ads, including limitations on who may fund them. Citizens United sued in federal court to overturn the decision, lost and appealed to the Supreme Court.  The Supreme Court held two hearings on the case and its ruling ultimately went far beyond what the plaintiffs had sought. The 5-4 decision permits corporations, unions and other special interests to spend as much as they like to advocate the election or defeat of political candidates. Laws that bar those interests from contributing directly to candidates remain in place but the ruling lifted controls on political giving that had been in place for decades.
  • 8. What are the concerns?  Corruption in elections  Foreign involvement in elections  Unaccountability to voting electorate  Lack of fairness in electoral process  Democracy, where every vote matters, no longer holds true  Invisible hand of corporations running government
  • 9. What about the decision?  What does it do?  What doesn’t it do?  Was this decision broad?  Could it have been made more narrow?
  • 10. What rules must 441(b) orgs follow?  What happened to the statute?  The regulations?  The previous cases on this topic?  Where do we go from here?  Can corporations donate to campaigns?  Can corporations donate anonymously?
  • 11. Constitutional Implications  At its heart this is a first amendment/free speech case  What does this case say about the first amendment?  What does it say about money and its role in speech rights?  What does it say about corporate speech? Commercial speech? Political speech?