Citizens United: The Decision That Changed Everything

The Case

In Citizens United v. Federal Election Commission (2010), the Supreme Court ruled 5-4 that the government cannot restrict independent political expenditures by corporations, labor unions, and other associations. The majority held that political spending is a form of protected speech under the First Amendment, and that the identity of the speaker — individual or corporate — does not diminish that protection.

The case began narrowly, involving a conservative nonprofit that wanted to air a documentary critical of Hillary Clinton during the 2008 primary season. But the Court used it to overturn decades of campaign finance law, including key provisions of the Bipartisan Campaign Reform Act (McCain-Feingold) and overruling its own precedent in Austin v. Michigan Chamber of Commerce (1990).

The Debate

Supporters of Citizens United argue it correctly protects free speech. If individuals have the right to spend money to express political views, they do not lose that right when they act collectively through organizations. Restricting corporate speech would also silence newspapers, nonprofits, and unions — all of which are corporations in legal terms.

Critics argue the decision equated money with speech and corporations with people, giving wealthy interests outsized influence over elections. Justice John Paul Stevens, in a 90-page dissent, warned that the ruling 'threatens to undermine the integrity of elected institutions across the Nation.' Polling consistently shows large bipartisan majorities oppose the decision — a rare issue where 80%+ of Democrats and Republicans agree.

What the Ruling Changed, Side by Side

The decision built on the logic of Buckley v. Valeo (1976), which had already held that spending money to spread a political message is protected speech. Citizens United extended that reasoning from individuals to corporations and unions, and a lower-court ruling months later (SpeechNow.org v. FEC) completed the picture by allowing the unlimited-money committees we now call Super PACs.