Defining "Independent" Expenditure A critical distinction following the ruling is the definition of an independent expenditure. The Supreme Court agreed, ruling that political speech is indispensable to democracy and that speech does not lose its protection simply because it comes from a corporation or union.
Understanding the Citizens United FEC Separate Accounts Rule
Proponents, however, frame the decision as a vital protection for free speech, arguing that political advocacy should not be stifled based on the identity of the speaker, and that more speech, not less, is the best remedy for bad ideas. FEC remains one of the most controversial Supreme Court decisions in modern history.
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. 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.
Understanding the Citizens United FEC Separate Accounts Rule
Few cases have reshaped the landscape of American political finance as profoundly as Citizens United v. Campaigns and Super PACs are required to maintain separate bank accounts and prove they are not sharing strategy or information.
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