Michigan Chamber of Commerce (1990), which had allowed a prohibition on election spending by incorporated entities, as well as a portion of McConnell v.
Citizens voice free#
In a majority opinion joined by four other justices, Associate Justice Anthony Kennedy held that the Bipartisan Campaign Reform Act's prohibition of all independent expenditures by corporations and unions violated the First Amendment's protection of free speech. Citizens United challenged the constitutionality of this law, and its case reached the Supreme Court. Broadcasting the film would have been a violation of the 2002 Bipartisan Campaign Reform Act, which prohibited any corporation, non-profit organization or labor union from making an "electioneering communication" within 30 days of a primary or 60 days of an election, or making any expenditure advocating the election or defeat of a candidate at any time. The case began after Citizens United, a conservative non-profit organization, sought to air and advertise a film critical of then Democratic presidential candidate Hillary Clinton shortly before the 2008 Democratic primary elections. The court held 5-4 that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations. It was argued in 2009 and decided in 2010. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Michigan Chamber of Commerce (1990)Ĭitizens United v. I, Bipartisan Campaign Reform Act of 2002 Stevens, joined by Ginsburg, Breyer, Sotomayor Kennedy, joined by Roberts, Scalia, Alito Thomas (all but Part IV) Stevens, Ginsburg, Breyer, Sotomayor (Part IV) United States District Court for the District of Columbia reversed.Ĭhief Justice John Roberts Associate Justices John P. The provisions of the Bipartisan Campaign Reform Act of 2002 restricting unions, corporations, and profitable organizations from independent political spending and prohibiting the broadcasting of political media funded by them within sixty days of general elections or thirty days of primary elections violate the freedom of speech that is protected by the First Amendment to the Constitution of the United States. 2008) probable jurisdiction noted, 555 U.S. Motion for preliminary injunction denied, 530 F.
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