POSC 225 Lecture Notes - Lecture 13: Equal Protection Clause, Civil Liberties, William Marbury

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Citizens united v. federal election commission (2010: background a. i. Citizens united is a conservative non-profit organization a. ii. Produced hilary: the movie to be aired in january 2008, coinciding with early primaries a. iii. Fec prevented citizens united from airing film because it was deemed corporate electioneering communication prohibited by federal campaign finance law a. iv. Fec"s decision upheld by u. s. court of appeals (dc circuit: scotus b. i. Original focus was on narrow question of whether prohibitions extended to documentaries. Citizens united (cont. : scotus decision (jan. 21, 2010) a. i. Issue because if a justice is lost, that decision can be reversed or modified a. i. 2. Congress may not prevent free speech (1st amendment), even if speaker is a corporation or union a. ii. 2. Limits on electioneering communication = ban on speech a. iii. A long overdue affirmation of 1st amendment rights a. iv. Judicial activism / overturned 100 years of campaign finance law. Tillman act (1907) prevented corporations from contributing directly to campaigns a. iv. 2.

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