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When was Citizens United v FEC?
2010
who was the chief justice in citizens united v. fec
roberts
what amendments apply to citizens united v. fed?
1st amendment (specifically FREE SPEECH)
citizens united v fec facts
Citizens united wanted to sell "Hillary: the movie" on DVD 60 days before the election, FEC said no
more specifically: the bcra (bipartisan campaign reform act) allowed pacs to directly donate to candidates but banned corporations and unions from directly supporting/opposing a candidate 30 days before a primary and 60 days before a general election. citizens united create a critical anti-hillary Clinton documentary in 2008 and wanted to air it during the 30 day period, but this violated the BCRA as electioneering communication in this time frame. citizens united brought it to court under the argument of free speech (1st amendment).
BCRA (Bipartisan Campaign Reform Act)
Attempted to ban soft money by regulating issue advocacy and party building activities
constitutional issue
Issue: Citizens United argued that BCRA controlling what corporations could say in election expenditure as advocating/opposing a candidate was a violation of 1st amendment and the right to free speech.
related cases
speechnow.org v federal election commission (2010)
ruling?
5-4 in favor of citizens united
ruling significance
corporations and labor unions have free speech rights and their rights cannot be restricted anymore than that of the individual.
reserved the FEC ban in the BCRA regarding the limits placed on when the ads can be aired.
it upheld disclosure
and it now allows unlimited independent expenditure (free for all when it comes to elections)
--- citizens united precedented that money=voice and power
--- will lead to the rise in superPACS
--- reflected the struggle between not having elections controlled by the wealthy and not restricting individual liberties
super-PACS
political action committees established to make independent expenditures