Citizens United v. FEC

The 2010 Supreme Court decision in Citizens United v. Federal Election Commission fundamentally reshaped campaign finance law in the United States by ruling that corporations and unions have a First Amendment right to make unlimited independent political expenditures.

The Case

Citizens United, a non-profit organization, sought to air a film critical of Hillary Clinton during the 2008 Democratic primary. The FEC deemed this a violation of the McCain-Feingold Act’s restrictions on corporate-funded electioneering communications.

The Ruling

In a 5-4 decision, the Supreme Court held that:

• Political spending is a form of protected speech under the First Amendment
• The government cannot restrict independent political expenditures by corporations and unions
• Disclosure requirements for political spending remain constitutional

Impact on Political Organizing

The decision led to:

• Creation of Super PACs (independent expenditure committees)
• Dramatic increase in outside spending in elections
• Rise of “dark money” groups using 501(c)(4) structures
• New forms of digital political advertising and organizing

Digital Politics Implications

• Enabled corporate funding of online political campaigns
• Fueled growth of digital political advertising industry
• Created new ecosystems of online political influence
• Raised questions about transparency in digital political spending