Citizens United v. Federal Election Commission
United States Supreme Court
558 U.S. 310 (2010)
Citizens United (plaintiff), a nonprofit corporation, produced and sought to distribute a documentary sharply critical of then-Senator Hillary Clinton ahead of the 2008 Democratic primary, running into a federal law (BCRA § 441(b)) making it a felony for corporations to expressly advocate a candidate's election or defeat, or to air electioneering communications, within specified windows before primary and general elections; the law exempted political action committees (PACs) even when corporate-formed, but PACs are costly and heavily regulated to operate. Citizens United challenged § 441(b) as an unconstitutional speech restriction; the district court ruled for the FEC (defendant), and Citizens United appealed to the Supreme Court.
Whether § 441(b)'s prohibition on corporate "express advocacy" and electioneering communications within a set period before an election violates the First Amendment's protection of freedom of speech.