Citizens United v. FEC -- Supreme Court Rules Corporate Political Spending Is Protected Speech (2010-01-21)

In a 5-4 decision, the Supreme Court ruled that the First Amendment prohibits the government from restricting independent political expenditures by corporations, unions, and associations. Justice Kennedy wrote for the majority; Justice Stevens dissented. The Court struck down Section 203 of the Bipartisan Campaign Reform Act (BCRA/McCain-Feingold), which had banned corporate-funded electioneering communications within 30 days of a primary or 60 days of a general election. The Court also overruled Austin v. Michigan Chamber of Commerce (1990) and part of McConnell v. FEC (2003). The case originated when Citizens United, a conservative nonprofit, sought to air Hillary: The Movie via video-on-demand before the 2008 Democratic primary. The ruling upheld disclosure and disclaimer requirements but opened the door to unlimited independent expenditures by corporate entities. Direct corporate contributions to candidates remained prohibited.