Citizens United Rhetorical Analysis
In January 2008, appellant Citizens United, a nonprofit corporation, released a documentary (hereinafter Hillary) critical of then- Senator Hillary Clinton, a candidate for her party’s Presidential nomination. Anticipating that it would make Hillary available on cable television through video-on-demand within 30 days of primary elections, Citizens United produced television ads to run on broadcast and cable television. Concerned about possible civil and criminal penalties for violating §441b, it sought declaratory and injunctive re- lief, arguing that (1) §441b is unconstitutional as applied to Hillary; and (2) BCRA’s disclaimer, disclosure, and reporting requirements, BCRA §§201 and 311, were unconstitutional as applied to Hillary and the ads. The District Court denied Citizens United a prelimi- nary injunction and granted appellee Federal Election Commission (FEC) summary judgment.
a) Citizen United’s narrower arguments—that Hillary is not an “electioneering communication” covered by §441b because it is not “publicly distributed” under 11 CFR §100.29(a)(2); that §441b may not be applied to Hillary under Federal Election Comm’n v. …show more content…
The Court ruled that corporations and unions are entitled to the protection of the First Amendment for political speech and that restrictions on the ability of corporations to speak directly, rather than through separate PACs, are unconstitutional. Finding that the restrictions must survive strict scrutiny – that is, must be narrowly tailored to achieve a compelling interest – the Court rejected the Justice Department’s argument that the law was essential to prevent corruption in the political process. Writing for the majority, Justice Anthony Kennedy explained that “[t]he fact that a corporation, or any other speaker, is willing to spend money to try to persuade voters presupposes that the people have the ultimate influence over elected
a) Citizen United’s narrower arguments—that Hillary is not an “electioneering communication” covered by §441b because it is not “publicly distributed” under 11 CFR §100.29(a)(2); that §441b may not be applied to Hillary under Federal Election Comm’n v. …show more content…
The Court ruled that corporations and unions are entitled to the protection of the First Amendment for political speech and that restrictions on the ability of corporations to speak directly, rather than through separate PACs, are unconstitutional. Finding that the restrictions must survive strict scrutiny – that is, must be narrowly tailored to achieve a compelling interest – the Court rejected the Justice Department’s argument that the law was essential to prevent corruption in the political process. Writing for the majority, Justice Anthony Kennedy explained that “[t]he fact that a corporation, or any other speaker, is willing to spend money to try to persuade voters presupposes that the people have the ultimate influence over elected