The 2010 Supreme Court decision in Citizens United v. FEC remains one of the most divisive rulings in modern American history. It didn’t just tweak campaign finance rules—it blew the doors off them, allowing corporations, unions, and wealthy donors to pour unlimited money into elections through “independent” spending. Super PACs, dark money groups, and billionaire influence? Thank (or blame) this case.
But how did we get here? It all started with a conservative nonprofit, a scathing documentary about Hillary Clinton, and a bold challenge to longstanding restrictions on political speech.
The Origins: Citizens United and “Hillary: The Movie”
Citizens United, a conservative advocacy group founded in 1988 by Floyd Brown (known for attack ads like the infamous Willie Horton spot in 1988), positioned itself as a producer of political documentaries. In 2007–2008, during Hillary Clinton’s run for the Democratic presidential nomination, the group created Hillary: The Movie—a 90-minute film portraying Clinton as power-hungry, untrustworthy, and unfit for office.
They planned to air it on DirecTV and promote it with TV ads right before primaries. But they hit a wall: the Bipartisan Campaign Reform Act (BCRA) of 2002—better known as the McCain-Feingold law—banned corporations and unions from funding “electioneering communications” (ads naming candidates) within 30 days of a primary or 60 days of a general election if those ads reached a broad audience.
Citizens United wasn’t just any corporation; as a nonprofit, it argued the rules violated its First Amendment rights to free speech. They sued the Federal Election Commission (FEC) in December 2007, seeking to declare parts of BCRA unconstitutional, both on their face and as applied to the film and its ads.
A federal district court mostly sided with the FEC: the film was basically election advocacy, not a neutral documentary, so the ban applied. Citizens United appealed directly to the Supreme Court.
The Supreme Court Showdown
The case was argued in March 2009, but the Court surprised everyone by ordering a rare reargument in September 2009, expanding the question to whether prior precedents like Austin v. Michigan Chamber of Commerce (1990)—which allowed bans on corporate independent expenditures—should be overruled.
On January 21, 2010, the Court ruled 5-4 in favor of Citizens United, going far beyond the narrow issue of the movie.
Majority (5 justices):
Anthony Kennedy (wrote the main opinion): Argued that spending money on political speech is protected expression. Banning corporate independent expenditures based on the speaker’s identity (corporation vs. person) violates the First Amendment. “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.”
Joined by: Chief Justice John Roberts, Antonin Scalia, Samuel Alito, and Clarence Thomas (Thomas concurred separately, dissenting on disclosure rules).
Dissent (4 justices):
John Paul Stevens (wrote a blistering 90-page dissent): Called the ruling a “radical departure” that threatens democracy by allowing corporate wealth to drown out ordinary voices. Corporations aren’t “We the People,” he argued, and unlimited spending risks corruption and erodes public trust.
Joined by: Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor.
The Court struck down the corporate spending ban, overturned Austin, and opened the floodgates for unlimited independent expenditures—as long as they weren’t coordinated with candidates.
The Controversy: Free Speech Victory or Corporate Takeover?
The decision ignited immediate firestorms.
President Obama blasted it in his 2010 State of the Union address:
“Last week, the Supreme Court reversed a century of law to open the floodgates for special interests—including foreign corporations—to spend without limit.” (That line drew a viral “not true” mouthed response from Justice Alito.)
Supporters hailed it as a triumph for the First Amendment, preventing government censorship of political views just because they’re from corporations (seen as groups of individuals). Critics decried it for equating money with speech, amplifying megadonors, and enabling “dark money” nonprofits to hide sources—leading to billions in outside spending that many say distorts democracy.
Fifteen years later (and counting), the ruling birthed super PACs, record-shattering election spending, and ongoing calls for a constitutional amendment to overturn it. Polls show overwhelming public opposition across party lines.
Was Citizens United a principled defense of free expression, or did it hand elections to the highest bidders? In the elephant in the room: the money keeps flowing, and ordinary voices often get shouted down.
What do you think—time to amend the Constitution, or is this just how free speech works in a capitalist democracy? Drop your thoughts in the comments.
Sources: Supreme Court opinion, Brennan Center for Justice, FEC records, Wikipedia summary (cross-verified).
