Citizens United v. Federal Election Commission (558 U.S. 310)
U.S. Supreme Court · decided January 21, 2010 · Supreme Court Database (Spaeth)
- Citation
- 558 U.S. 310 · 130 S. Ct. 876
- Decided
- January 21, 2010
- Term
- October Term 2009
- Vote
- 5–4
- Majority author
- Justice Kennedy
- Issue area
- First Amendment
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. Federal law prohibits corporations and unions from using their general treasury funds to make independent expenditures for speech defined as an “electioneering communication” or for speech expressly advocating the election or defeat of a candidate. 2 U. S. C. § 441b. Limits on electioneering communications were upheld in McConnell v. Federal Election Comm’n, 540 U. S. 93, 203-209 (2003). The holding of McConnell rested to a large extent on an earlier case, Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990). Austin had held that political speech may be banned based on the speaker’s corporate identity. In this case we are asked to reconsider Austin and, in effect, McConnell. It has been noted that “Austin was a significant departure from ancient First Amendment principles,” Federal Election Comm’n v. Wisconsin Right to Life, Inc., 551 U. S. 449, 490 (2007) (WRTL) (Scalia, J., concurring in part and concurring in judgment). We agree with that conclusion and hold that stare decisis does not compel the continued acceptance of Austin. The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether. We turn to the case now before us. I A Citizens United is a nonprofit corporation. It brought this action in the United States District…
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