Key Facts
- Year Decided
- 2010
- Vote
- 5-4
- Category
- Free Speech
- Chief Justice
- John Roberts
Background
Citizens United produced a documentary critical of Hillary Clinton.
The Constitutional Question
Does the First Amendment prohibit restricting independent political expenditures by corporations?
The Decision
The Court ruled the First Amendment prohibits restricting political speech based on the identity of the speaker.
The Dissent
Justice Stevens wrote a 90-page dissent warning the decision would corrupt democracy.
Impact & Legacy
Led to the creation of Super PACs.
Key Quotes
“If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”
“A democracy cannot function effectively when its constituent members believe laws are being bought and sold.”
Related Cases (Free Speech)
Established the "clear and present danger" test for limiting free speech.
Students do not "shed their constitutional rights at the schoolhouse gate."
The government cannot prevent newspapers from publishing the Pentagon Papers.
Burning the American flag is protected symbolic speech.