David v. Goliath: The One-Year Anniversary of Citizens United
CU President David Bossie opines on the first anniversary of Citizens United v. FEC:
One year ago today, on January 21, the Supreme Court released its landmark decision in Citizens United v. FEC. The decision corrected an anomaly in campaign finance law, and in doing so was a tremendous victory for the First Amendment and Americans who wish to participate in our political process.
The case found its origins in 2007 when my group, Citizens United, a membership organization, sought to promote, distribute, and broadcast via video-on-demand a film critical of then-presidential candidate Hillary Clinton. If Citizens United would have done so, we were told by the FEC that it would have been a willful violation of the provisions of the Bipartisan Campaign Finance Reform Act of 2002 (better known as “McCain-Feingold”) which prohibited corporations from making independent expenditures and electioneering communications. This violation was not merely subject to a civil fine, but rather a criminal penalty – I personally would have been sent to jail for promoting the film. Citizens United filed a lawsuit against the Federal Election Commission to defend our right to promote and broadcast the film. It took more than two years, but the First Amendment protection of political speech was restored by the Supreme Court in this landmark ruling.
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