Homeless History Lecture: Citizens United v. Federal Election Commission (FEC)

Introduction

• Focus on the required Supreme Court case for the AP Government curriculum: Citizens United v. FEC.

Facts of the Case

• Campaign Finance Laws: Central theme of the case.
• Bipartisan Campaign Finance Act (BICRA) 2002:
  • Articulates limits on individual contributions to political candidates.
  • Key aspect: Prohibits corporations/non-profits from electioneering communications:
    • 60 days before a general election.
    • 30 days before a primary.

Incident Leading to the Case

• 2008 Democratic Primaries: Contest between Hillary Clinton and Barack Obama.
  • Citizens United made "Hillary: The Movie" to influence the election.
  • Release was during the forbidden communication period as per BICRA.
• Legal Challenge: Citizens United challenged BICRA's restrictions, leading to Supreme Court.

Constitutional Principle

• First Amendment: Focus on freedom of speech.
• Argument: BICRA's prohibition violated corporations' freedom of speech rights.
• Corporate Speech: Since the 1800s, corporations considered associations of individuals, thus entitled to some constitutional protections.

Supreme Court Decision

• Ruling: 5-4 in favor of Citizens United.
  • Restrictions on corporate political advertising equated to government censorship.
• Impact on BICRA: The specific prohibition was struck down.
• Timing: Decision came two years after the primary, minimal immediate impact on "Hillary: The Movie".

Significance of the Case

• Money Equals Speech: Key debate in campaign finance.
• Supreme Court's stance: Large financial contributions equate to louder voices in the political domain.
• Post-Decision: Organizations can spend unlimited amounts in political communications if not directly collaborating with candidates.
  • Emphasizes existing laws against corruption and favors.
• Ongoing Controversy: Continues to be a contentious issue in American public and political spheres.

Conclusion

• The Citizens United decision remains a crucial point in discussions about campaign finance and freedom of speech.
• Further resources and case studies available for additional study and exam preparation.