US Supreme Court ruling on the Citizens United case
On January 21, 2010, the Supreme Court overturned a six decade-long prohibition against spending corporate and union treasury money to directly campaign for or against federal candidates. Corporations and unions have been prohibited from spending money from their general funds on express advocacy at the federal level since 1947, when Congress passed the Taft-Hartley Act.
Prohibiting corporations and unions from using treasury money to influence elections was previously upheld by the Supreme Court in Austin v. Michigan State Chamber of Commerce (1990), and most recently in McConnell v. FEC (2003) after the passage of the Bipartisan Campaign Reform Act (BCRA). In McConnell, the Court noted that, "Congress' power to prohibit corporations and unions from using funds in their treasuries to finance advertisements expressly advocating the election or defeat of candidates in federal elections has been firmly embedded in our law."
By striking down the ban on express political advocacy by corporations and unions, the Court has greatly increased the likelihood of spending by such groups to influence federal campaigns. It has also opened the door to the corrupting influence that flows from such expenditures, as corporations and unions use their spending, or the threat or promise of such spending, as a means to influence decision-making by Congress. Not surprisingly, Election 2010 broke all previous records for corporate spending - not just in federal races, but in state races, too, in Maine and all around the country.
While most of the decision is bad news for reform-minded Americans, there was one positive piece of the decision. The Court upheld disclosure requirements, saying:
"With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens withthe information needed to hold corporations and elected officials accountable for their positions and supporters. Shareholders can determine whether their corporation'spolitical speech advances the corporation's interest inmaking profits, and citizens can see whether elected offi-cials are "'in the pocket' of so-called moneyed interests." 540 U. S., at 259 (opinion of SCALIA, J.); see MCFL, supra, at 261. The First Amendment protects political speech;and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages."
Background
- Download Citizens United decision (PDF)
- Background on the case, Brennan Center for Justice
- Watch a short video from The Story of Stuff - The Story of Citizens United v. FEC (2011)
Press Releases
- Maine Citizens Unite Against Citizens United, 1/22/2013
Polling
- Small Businesses Reject Role of Money in Politics; View Citizens United Decision as Bad for Business (January 2012)
- Two years after Citizens United, voters fed up with money in politics (January 2012)
News
Features
- Maine Author: Rise in Corporate Power Threatens American Democracy, Irwin Gratz, Maine PBN, 6/2/2013
- WATCH VIDEO: Maine Citizens Unite Against Citizens United Rally, 1/23/2013
- Interview with Jeff Clements, author of "Corporations are Not People", Community Television Network, 2/27/2012
- Understanding the Impact of Citizens United, Fresh Air, National Public Radio, 2/23/2012
- Examining the SuperPAC with Colbert's Trevor Potter, Fresh Air, National Public Radio, 2/23/2012
- Corporations Are NOT People, Jeff Clements, Maine PBN, 1/20/2012
Press Clips
- Brooklin School tennis courts move ahead, voters decry “big money” in politics , Rich Hewitt, The Weekly Packet, 4/11/2013
- 'Clean elections' advocates, Pingree take on Citizens United, David Carkhuff, The Portland Daily Sun, 1/23/2013
- Mainers Protest Proposed Clean Elections Cuts, A.J. Higgins, Maine PBN, 1/22/2013
- Lewiston lawmaker joins call for U.S. amendment banning anonymous campaign donors, Scott Thistle, The Lewiston Sun Journal, 1/22/2013
- Orono Peace Group seeks action on Campaign Spending, Chris Faccini, WCSH-6, 1/9/2013
- Friendship petition seeks to repeal Citizens United, Juliette Laaka , Village Soup, 1/8/2013
- Federal campaign finance issue deserves local debate, councilors say, Scott Taylor, The Lewiston Sun Journal, 1/8/2013
- Campaign spending hit unprecedented levels, Kevin Miller, The Portland Press Herald, 12/13/2012
- What’s the Future for Campaign Finance Reform?, Azmat Khan, PBS, 11/19/2012
- Council supports Citzens United effort, Michael Kelley , Scarborough Leader, 11/16/2012
- States Challenge ‘Secret’ Campaign Money, Ben Wieder, Stateline, 11/15/2012
- POLL: Voters Hate Super PACs, Want More Campaign Finance Disclosure, Josh Israel, 11/14/2012
- Sen. Snowe Prepares to Fight Hyper-Partisanship from Outside Congress, Susan Sharon, Maine PBN, 11/6/2012
- Dark Money and Citizens United: What Obama and Romney Would and Wouldn’t Do About It, Justin Elliott, Pro Publica, 10/23/2012
- Mauled by Attack Ads, Incumbents Weigh Tighter Rules, Jennifer Steinhauer and Jonathan Weisman, The New York Times, 10/23/2012
- Calls to Repeal Citizens' United Ruling Growing in Maine, Susan Sharon, Maine PBN, 10/16/2012
- Lewiston council calls for federal election spending amendment, Scott Taylor, The Lewiston Sun Journal, 9/6/2012
- Citizens United Targeted By Local Activists In "Resolutions Week" Push, Paul Blumenthal, The Huffington Post, 6/14/2012
- Retired justice says campaign finance ruling made cash king, James Vicini, Reuters, 5/30/2012
- Money Unlimited, Jeffrey Toobin, The New Yorker, 5/21/2012
- Don't Blame "Corporate Personhood", Garrett Epps, The American Prospect, 4/16/2012
- The Numbers Don't Lie, Richard L. Hasen, Slate, 3/9/2012
- Overturning Citizens United Isn't Enough, Corbin Hiar, The Huffington Post, 2/29/2012
- The Metaphysics of Citizens United and Campaign Finance Law, Kevin Drum, Mother Jones, 2/26/2012
- Occupy the Super PACs, Richard L. Hasen, Slate, 2/20/2012
- Three Campaign-Finance Lawsuits on the Heels of "Citizens", Marcia Coyle, The National Law Journal, 1/3/2012
- Citizen Bopp, Viveca Novak, The American Prospect, 1/2/2012
- Capital Investments: Thanks to the Citizens United Decision, Money is Swamping our Politics and our Government Like Never Before, Robert Kuttner, The American Prospect, 1/1/2012
- Sandra Day O'Connor Worries About SCOTUS's New Tack on Campaign Finance, David Weigel, Slate, 6/27/2011
- The Man Behind Citizens United is Just Getting Started, Stephanie Mencimer, Mother Jones, 5/1/2011
- Citizens United, One Year Later, Deb Weinstein, The Atlantic, 1/21/2011
- A Year Later, Citizens United Reshapes Politics, Peter Overby, National Public Radio, 1/21/2011
- Following the Activity One Year After Citizens United, Ellen Miller, The Huffington Post, 1/21/2011
- Election Spending Skyrockets After "Citizens United", Peter Overby, National Public Radio, 10/12/2010
- As election season begins, spending on campaigns breaks records, PBS, 9/3/2010
- The next battle in campaign finance reform, The Christian Science Monitor, 4/30/2010
- A Quest to End Spending Rules for Campaigns, David D. Kirkpatrick, The New York Times, 1/25/2010
- Court Rolls Back Limits on Election Spending, David D. Kirkpatrick, The New York Times, 1/9/2010
- Justices May Rule Soon on Campaign-Finance Case, Robert Barnes, The Washington Post, 1/9/2010
Editorials
- Justice Alito, Citizens United and the Press, The New York Times, 11/19/2012
- When Other Voices Are Drowned Out, The New York Times, 3/26/2012
- Supreme Court got it wrong: Corporations are not human beings, The Portland Press Herald, 3/17/2010
Op-Eds
- "Dark Money" , Jay Mandle, The Huffington Post, 8/22/2013
- Taking back our democracy, Gary Friedmann, The Bangor Daily News, 1/19/2013
- Maine Voices: It's time for Americans to take back 'personhood' for the people, Malory Otteson Shaugnessy, The Portland Press Herald, 1/19/2013
- Political fundraising: 'Enough is enough', Severin Beliveau, The Portland Press Herald, 12/2/2012
- The Universal Notebook: Democracy for sale, Edgar Allen Beem , The Forecaster, 11/26/2012
- Citizens United must go, Douglas Rooks, The Lewiston Sun Journal, 11/25/2012
- Support a constitutional amendment to overturn Citizens United, Nancy Galland, The Bangor Daily News, 11/21/2012
- Citizens United Is Still Worth Hating, Eric Posner, Slate, 11/10/2012
- Constitutional amendment threats to change PACs a tricky tactic, Ruth Marcus, The Portland Press Herald, 9/6/2012
- Thanks, Citizens United, for This Campaign Finance Mess We're In, Adam Skaggs, The Atlantic, 7/27/2012
- How Much Has Citizens United Changed the Political Game?, Matt Bai, The New York Times, 7/17/2012
- Citizens United is bad for business, too, Amy Domini, The Hill, 7/16/2012
- How to Get Our Citizens Actually United, Drew Westen, The New York Times, 7/14/2012
- Citizens United: Democracy for sale, Tom Perriello, Politico, 5/29/2012
- How to beat Citizens United, E.J. Dionne, The Washington Post, 4/22/2012
- Money Talks, Jeffrey Toobin, The New Yorker, 4/11/2011
- McComish, the Supreme Court and the Fiesta Bowl Scandal, Doug Kendall, The Huffington Post, 4/4/2011
- When Democracy Weakens, Bob Herbert, The New York Times, 2/11/2011
- From Anatole France to the Cowardly Lion: Supreme Court and the Distortion of the First Amendment, Brenda Wright, American Constitution Society for Law, 1/24/2011
- Repairing Citizens United becomes a test for three GOP senators, E.J. Dionne, The Washington Post, 9/13/2010
Letters to the Editor
- Take Politics Seriously, Carmen Lavertu, The Free Press, 1/16/2014
- When money talks, democracy walks, Bill Michaud, Village Soup, 3/7/2013
- Disappointed in City Council, Renee Cote, The Lewiston Sun Journal, 2/19/2013
- Citizens United ruling destined to be overturned, Louis T. Sigel, The Portland Press Herald, 12/9/2012
- 'Citizens United' decision affects us, Kevin Simpson, The Lewiston Sun Journal, 12/3/2012
- Citizens United silences those without deep pockets, Sean Hanson, The Portland Press Herald, 11/28/2012
- Cash out, Dick Atlee, Mount Desert Islander, 11/22/2012
- Frank column a minority opinion, Cushman D. Anthony , The Forecaster, 11/19/2012
- How We Finance Political Campaigns, Cole Leystra, 2/22/2012