Citizens United v. FEC

Roberts CourtFree Speech & Religion

The Court held that corporations and unions may make independent expenditures in elections, as political spending is protected speech.

Overview

Citizens United, a nonprofit corporation, wanted to air a film critical of Hillary Clinton near the 2008 primaries. Justice Kennedy, for a 5-4 majority, held that political speech is indispensable to democracy and cannot be banned based on the corporate identity of the speaker, and that independent expenditures do not give rise to corruption. The decision overruled precedent and struck the ban on corporate independent spending, giving rise to super PACs and transforming campaign finance. Citizens United became among the most criticized and consequential First Amendment rulings of the Roberts Court.

Related Topics