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The release poster for "Hillary: The Movie"
Image courtesy IMDb
The genesis of a new campaign finance system.
The genesis of a new campaign finance system.
An unabashedly partisan organization that released a feature-length film during the 2008 democratic primaries ahead of the presidential election.
A federal agency responsible for curbing corruption and keeping excessive corporate influence out of elections.
When Citizens United sued the Federal Elections Commission in order to combat laws on electioneering communications, these seemingly independent entities would become locked by the horns in a legal conflict that would reshape campaign finances in America forever.
America's campaign finance system was designed to keep out the noise.
America's campaign finance system was designed to keep out the noise.
McCain-Feingold, or the Bipartisan Campaign Reform Act, was a bill supported by both parties to reduce soft money and the peddling of influence in elections. Because of McCain-Feingold, corporations and labor unions were prohibited from releasing communications referencing candidates 30 days before primaries and 60 days before the general election.
Electioneering Communications are any communications in the media that make reference to a candidate currently running for office.
This system, upheld until 2010, attempted to keep political decisions in the minds of voters. The 5-4 ruling in Citizen's United Vs. FEC established a new era of campaign finance-- one where a corporation's speech is protected as that of an individual's.
The nine justices of the Supreme Court in 2010.
Learning Resources
Learning Resources
What is a SuperPAC?
What is a SuperPAC?
Also known as an Independent Expenditure- Only Committee, a SuperPAC is a relatively new form of political action committee that can accept and donate unlimited funds from various sources to the advertisement of political candidates, as long as those donations are not coordinated through candidate's campaigns. SuperPACs still have to report financial information to the FEC.
$62.6 M
$62.6 M
dollars spent by superPACs in 2010
$622.7 M
$622.7 M
dollars spent by superPACs in 2012 (the first election cycle after Citizens United)
$4.1 B
$4.1 B
dollars spent by superPACs in 2024
But wait! There's more. Despite what looks like hundreds of thousands of donors pouring money into elections, only a few hundred donors donate every year. SuperPACs are required to disclose their funds. However, dark money groups with tax-exempt status can draw their money from anywhere without disclosure. These groups often donate to superPACs, creating a loophole in transparency.
What is "corporate personhood"?
What is "corporate personhood"?
Corporate personhood establishes that corporations can enjoy the same rights as citizens. After Citizens United Vs. FEC, corporate personhood extended to first-amendment rights.
Equating money with speech. By equating political spending to protected free speech, Citizens United created a precedent that banning corporate spending during certain parts of an election cycle is equivalent to banning speech during those times. Because of this ruling, corporations must be allowed first-amendment rights.
Other cases that expanded corporate personhood include:
Hobby Lobby (2014) ruled that corporations could object to certain mandates (in this case, including contraception in employee health plans) on the grounds of a religious objection. This case allowed corporations to avoid government mandates without facing fines, as long as they were found to violate their religious beliefs.
303 Creative (2023) found for a graphic designer who only wanted to design websites for heterosexual couples, despite her state's antidiscrimination laws. After the court ruled in her favor, it was established that corporations can ignore anti-discrimination law if it is shown that the corporation's personal beliefs were violated.
This case is part of our Free Speech narrative. Read about more of our Free Speech features below!
Further Reading
Further Reading
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