The Supreme Court's 5 to 4 ruling in Citizens United v FEC reshaped American campaign finance overnight by treating corporate political spending as protected speech under the First Amendment.
Citizens United v Federal Election Commission (2010) is arguably the most consequential campaign finance decision in modern American history. Decided 5–4, the ruling reshaped the legal architecture of US political money almost overnight.
The ruling: Justice Anthony Kennedy’s majority opinion held that corporations and unions have a First Amendment right to make unlimited independent expenditures on political communications. Government could not, the Court said, restrict political spending by corporations, associations or unions, as such restrictions amounted to suppression of protected political speech.
Stevens’ dissent: Justice John Paul Stevens delivered a 90-page dissent, one of the longest in modern Supreme Court history. He argued the majority had radically departed from a century of precedent and would enable wealthy interests to drown out ordinary citizens.
Immediate effects: The ruling effectively struck down key provisions of the BCRA and opened the door to Super PACs, independent expenditure committees that can raise and spend unlimited amounts, provided they do not coordinate directly with a candidate’s campaign. The first Super PACs were registered within weeks of the decision.
Sheldon Adelson and Gingrich 2012: The power of the new architecture was demonstrated almost at once. Casino magnate Sheldon Adelson and his wife donated approximately $15 million to a pro-Gingrich Super PAC during the 2012 Republican primaries, single-handedly keeping Newt Gingrich’s campaign alive long after it would otherwise have collapsed, a textbook illustration of how a single donor could now sustain an entire presidential bid.
The debate: Critics argue Citizens United has flooded American elections with corporate money and allowed wealthy individuals to exert disproportionate political influence. Defenders counter that the ruling protects fundamental free-speech rights and that more spending means more political communication and voter information.