Defining "Independent" Expenditure A critical distinction following the ruling is the definition of an independent expenditure. While Super PACs cannot coordinate directly with candidates or parties, they have become dominant forces in modern elections, flooding airwaves with issue advocacy and attack ads.
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FEC was whether the Bipartisan Campaign Reform Act of 2002 (BCRA), specifically its restrictions on corporate and union treasury funds for "electioneering communications," violated the First Amendment. The Majority Opinion: Speech is Speech In a 5-4 decision, the Court’s majority, written by Justice Anthony Kennedy, held that the government may not ban political spending by corporations in candidate elections.
Campaigns and Super PACs are required to maintain separate bank accounts and prove they are not sharing strategy or information. FEC remains one of the most controversial Supreme Court decisions in modern history.
Citizens United FEC Elite Influence Concerns
The ruling asserted that the First Amendment prohibits the government from fining or jailing citizens, or associations of citizens, for simply engaging in political speech. By limiting the speech of corporations, unions, and other associations, the majority argued, the government was effectively silencing certain voices in the public square.
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