Citizens United Handed Down

Today, the Supreme Court conducted a special session to hand down the opinion in Citizens United v. Federal Election Commission, No. 08-205.  The Court—led by the conservative majority of Chief Justice Robert and Justices Scalia, Kennedy, Thomas, Alito—overturned two significant precedents holding that Congress may restrict corporate spending on political ads and commentary. 

Justice Kennedy, writing for the Court, held that “government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”  Referencing the popular movie Mr. Smith Goes To Washington, Kennedy further wrote that “Governments are often hostile to speech, but under our law and our tradition it seems stranger than fiction for our Government to make this political speech a crime.” 

The Court’s opinion in Citizen United can be viewed here.