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Constitutional Question

First, the Court had to decide whether corporations and unions should be treated like individuals. If the Justices concluded that these groups should not be regarded as individuals, the McCain-Feingold Act would be ruled constitutional. On the contrary if the Justices ruled corporations and unions were to be considered individuals, then the constitutional question would be if the McCain-Feingold Act violated these groups' rights to free speech, provided by the First Amendment.

Impacts

Impact on Government and Society:

Because "Citizens United v. Federal Election Commission" is a recent case, major effects on the government are yet to come. Political experts believe that someone will challenge this ruling on the basis that corporations are not individuals. The defeat of the FEC led to the transformation of commercials from unbiased political advertising to biased and opinionated ads. The Citizens United's victory allows wealthy corporations and unions to have near absolute access to the media, parties, and candidates. This power can somewhat affect the results of presidential elections.

Works Cited

"Campaign Finance Reform (McCain-Feingold) - Discover the Networks." Campaign Finance Reform (McCain-Feingold) - Discover the Networks. N.p., n.d. Web. 29 Mar. 2013. <http://www.discoverthenetworks.org/viewSubCategory.asp?id=456>. Electronic.

"CITIZENS UNITED v. FEDERAL ELECTION COMM’N." CITIZENS UNITED v. FEDERAL ELECTION COMM’N. N.p., 24 Mar. 2009. Web. 29 Mar. 2013. <http://www.law.cornell.edu/supct/html/08-205.ZS.html>. Electronic.

"CITIZENS UNITED v. FEDERAL ELECTION COMMISSION." Citizens United v. Federal Election Commission. N.p., n.d. Web. 29 Mar. 2013.

<http://www.oyez.org/cases/2000-2009/2008/2008_08_205>. Electronic.

"Citizens United Vs Federal Election Commission." Citizens United Vs Federal Election Commission. N.p., n.d. Web. 29 Mar. 2013. <http://www.cuvfec.com>. Electronic.

"SUMMARY OF CITIZENS UNITED V. FEDERAL ELECTION COMMISSION."SUMMARY OF CITIZENS UNITED V. FEDERAL ELECTION COMMISSION. N.p., n.d. Web. 29 Mar. 2013. <http://www.cga.ct.gov/2010/rpt/2010-R-0124.htm>. Electronic.

By: Yvette Leon, Shelby Hubbard, Heather Snow, Ian Bumpas, Gray Hamilton, and Catherine Moore

CITIZENS UNITED

VS

FEDERAL ELECTION COMMISSION

CU Background

FEC's regulations on soft money

  • Citizens United produced a documentary called "Hillary: The Movie".

  • "The Movie" was a ninety minute documentary that negatively advertised Hillary Clinton as a presidential candidate.

  • Citizens United wanted to broadcast this documentary on public television. This was considered electioneering communications.

  • The McCain-Feingold Act prohibited electioneering communications, which is the distribution of political advertisements on public television thirty days before a primary election.

As an independent regulatory agency, the FEC is responsible for administering the McCain-Feingold Act. This act requires the FEC to inspect and regulate financial support and political advertisement pertaining to elections. Illegal under the McCain-Feingold Act, soft money, or monetary contributions, is donated by corporations and unions to preferred parties.

FEC Background

Hillary: The Movie Trailer

  • The Federal Election Commission (FEC) argued that "The Movie" did not comply with the McCain-Feingold Act, because the documentary used electioneering communications to broadcast negative advertisements of Hillary Clinton's political career.

  • The FEC claimed that corporations and unions were only made up of people; therefore, they should not have the same rights and benefits as individuals do.

Verdict

By a 5 to 4 vote, the Supreme Court ruled corporations and unions should have the same rights citizens do. The Justices also ruled that the McCain-Feingold Act was unconstitutional, due to the fact that this act violated Citizens United's right to freedom of speech. However, the Court did not overturn the ban of contributions from corporations and unions to parties, also known as soft money.

Citizens United

Impact on Government and Politics Students:

This court case represents the fundamental importance of the right to free speech. As a government student, it is important to understand the significance of this case and the effects this case has had on national elections. In conclusion, this case shows how our Constitution is a living document as it keeps up with modern times as well as modern opinions.

Federal Election Commission

Questions