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    This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.

08_CU_FEC on Mar 24, 2009

Decided Jan 21, 2010
Case Ruling: Citizens United v. Federal Election Commission
Source: Citizens United
Prior to the 2008 primary elections, Citizens United, a nonprofit corporation dedicated to educating the American public about their rights and the government, produced a politically conservative 90-minute documentary entitled Hillary: The Movie. This documentary covers Hillary Clinton's record while in the Senate & the White House. However, The Movie falls within the definition of "electioneering communications" under the Bipartisan Campaign Reform Act of 2002 ("BCRA")--a federal enactment designed to prevent "big money" from unfairly influencing federal elections--which, among other things, prohibits corporate financing of electioneering communications. The FEC [enforced the provision] of BCRA prohibiting corporations from broadcasting electioneering communications within 60 days of a general election. [The Supreme Court rules that this] violates the free speech clause of the First Amendment.

Justice Kennedy , Opinion of the Court (Roberts, Scalia, Alito, and Thomas concurring):

Some members of the public might consider "Hillary: The Movie" to be insightful and instructive; some might find it to be neither high art nor a fair discussion on how to set the Nation's course; still others simply might suspend judgment on these points but decide to think more about issues and candidates. Those choices and assessments, however, are not for the Government to make.

Justice Stevens (dissent joined by Ginsburg , Breyer, and Sotomayor)

Neither Citizens United's nor any other corporation's speech has been "banned." All that the parties dispute is whether Citizens United had a right to use the funds in its general treasury to pay for broadcasts during the 30-day period. The notion that the First Amendment [allows that] is, in my judgment, profoundly misguided. Although I concur in the Court's decision to sustain BCRA's disclosure provisions, I emphatically dissent from its principal holding. Prior to the 2008 primary elections, Citizens United, a nonprofit corporation dedicated to educating the American public about their rights and the government, produced a politically conservative 90-minute documentary entitled Hillary: The Movie. This do


    Participating counts on VoteMatch question 16. Question 16: More enforcement of the right to vote Scores: -2=Strongly oppose; -1=Oppose; 0=neutral; 1=Support; 2=Strongly support.
  • Topic: Government Reform
  • Headline: Corporate political spending is free speech (Score: -2)
  • Headline 2: Corporate speech can be restricted but not banned (Score: 2)

  • Key for participation codes:
  • Sponsorships: p=sponsored; o=co-sponsored; s=signed
  • Memberships: c=chair; m=member; e=endorsed; f=profiled; s=scored
  • Resolutions: i=introduced; w=wrote; a=adopted
  • Cases: w=wrote; j=joined; d=dissented; c=concurred
  • Surveys: '+' supports; '-' opposes.



Democrats participating in 08_CU_FEC

Stephen Breyer j2dUS Democratic Appointee to Supreme Court 
Ruth Bader Ginsburg j2dUS Democratic Appointee to Supreme Court 
Sonia Sotomayor j2dUS Democratic Appointee to Supreme Court 



Republicans participating in 08_CU_FEC

Samuel Alito j1cUS Republican Appointee to Supreme Court 
Anthony Kennedy w1US Republican Appointee to Supreme Court 
John Roberts w1cUS Republican Appointee to Supreme Court 
Antonin Scalia w1cUS Republican Appointee to Supreme Court 
John Paul Stevens w2dUS Republican Appointee to Supreme Court (retired 2010) 
Clarence Thomas j1cUS Republican Appointee to Supreme Court 



Independents participating in 08_CU_FEC



Total recorded by OnTheIssues:

Democrats: 3
Republicans: 6
Independents: 0


















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