08-205 - (Slip Opinion OCTOBER TERM 2009 1 Syllabus NOTE Where it is feasible a syllabus(headnote will be released as is being done in connection with

08-205 - (Slip Opinion OCTOBER TERM 2009 1 Syllabus NOTE...

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1 (Slip Opinion) OCTOBER TERM, 2009 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus CITIZENS UNITED v . FEDERAL ELECTION COMMISSION APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 08–205. Argued March 24, 2009—Reargued September 9, 2009–– Decided January 21, 2010 As amended by §203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), federal law prohibits corporations and unions from using their general treasury funds to make independent expenditures for speech that is an “electioneering communication” or for speech that expressly advocates the election or defeat of a candidate. 2 U. S. C. §441b. An electioneering communication is “any broadcast, cable, or satellite communication” that “refers to a clearly identified candidate for Federal office” and is made within 30 days of a primary election, §434(f)(3)(A), and that is “publicly distributed,” 11 CFR §100.29(a)(2), which in “the case of a candidate for nomination for President . . . means” that the communication “[c]an be received by 50,000 or more persons in a State where a primary election . . . is being held within 30 days,” §100.29(b)(3)(ii). Corporations and unions may establish a political action committee (PAC) for express advocacy or electioneer- ing communications purposes. 2 U. S. C. §441b(b)(2). In McConnell v. Federal Election Comm’n , 540 U. S. 93, 203–209, this Court upheld limits on electioneering communications in a facial challenge, relying on the holding in Austin v. Michigan Chamber of Commerce , 494 U. S. 652, that political speech may be banned based on the speaker’s corporate identity. In January 2008, appellant Citizens United, a nonprofit corpora- tion, released a documentary (hereinafter Hillary ) critical of then- Senator Hillary Clinton, a candidate for her party’s Presidential nomination. Anticipating that it would make Hillary available on cable television through video-on-demand within 30 days of primary elections, Citizens United produced television ads to run on broadcast
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2 CITIZENS UNITED v. FEDERAL ELECTION COMM’N Syllabus and cable television. Concerned about possible civil and criminal penalties for violating §441b, it sought declaratory and injunctive re- lief, arguing that (1) §441b is unconstitutional as applied to Hillary; and (2) BCRA’s disclaimer, disclosure, and reporting requirements, BCRA §§201 and 311, were unconstitutional as applied to Hillary and the ads. The District Court denied Citizens United a prelimi- nary injunction and granted appellee Federal Election Commission (FEC) summary judgment.
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