CITIZENS UNITED v. FEDERAL ELECTION COM'N

No. 08-205.

130 S.Ct. 876 (2010)

558 U.S. 310

CITIZENS UNITED, Appellant, v. FEDERAL ELECTION COMMISSION.

Supreme Court of United States.

Reargued September 9, 2009.

Decided January 21, 2010.


Attorney(s) appearing for the Case

Theodore B. Olson, for Appellant.

Floyd Abrams, for Senator Mitch McConnell as amicus curiae, by special leave of the Court, supporting the Appellant.

Elena Kagan, Solicitor General, Washington, D.C., for Respondent.

Seth P. Waxman, for Senator John McCain, as amici curiae, by special leave of the Court, supporting the Appellee.

Michael Boos, Fairfax, VA, Theodore B. Olson, Matthew D. McGill, Amir C. Tayrani, Justin S. Herring, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant.


Justice KENNEDY delivered the opinion of the Court.

Federal law prohibits corporations and unions from using their general treasury funds to make independent expenditures for speech defined as an "electioneering communication" or for speech expressly advocating the election or defeat of a candidate. 2 U.S.C. § 441b. Limits on electioneering communications were upheld in McConnell v. Federal Election Comm'n, 540 U.S. 93,...

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