Citizens United v. FEC (2010) The main constitutional question within the case of Citizens United v. FEC in 2010 regarded whether sections of the Bipartisan Campaign Reform Act infringed upon the free speech clause granted to the people through the First Amendment. The Bipartisan Campaign Reform Act (BCRA) instituted in 2002 controlled how political campaigns could be financed. The act criminalized ads produced by corporations that expressly advocate for or against candidates within sixty days of general elections and thirty days of primary elections. A claim was made that in preventing funding of political campaigning by certain corporations, the government was essentially preventing them from demonstrating free political speech and breaching
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
McCutcheon v. FEC was a landmark case in American campaign finance law which challenged that it is unconstitutional to limit an individual’s donations to as many parties as they want because in doing so their freedom of speech is being violated. The plaintiff is Shaun McCutcheon who is part of the Jefferson County Republic Party Steering Committee as well as the Reagan Foundation. The Republican National Committee was also a plaintiff. This case is a constitutional challenge to aggregate limits on contributions to federal candidates and to political committees such as PACs and parties. These aggregate limits restrict the total amount of money an individual may contribute to all candidates or all political committees during an election cycle. The plaintiff did not challenge the individual contribution limits on particular political entities but challenged the additional cap BCRA places on the total an individual can place on all political contributions. BCRA stands for the Bipartisan Campaign Reform Act of 2002, which addressed two main issues: “prohibiting national political party committees from raising or spending any funds not subject to federal limits . . . and the proliferation of issue advocacy ads” (which is defined as “electioneering communication” and was over turned in Citizens United v. FEC) (Campaign Finance Law Quick Reference for Reporters). So what does this mean exactly?
The issue of campaign financing was argued again more recently in the Supreme Court case, Citizens United v FEC. In this case the Citizens United conservative non-profit argued that an ad for the movie Fahrenheit 9/11 was critical of George Bush and therefore the commercial was a campaigning ad funded by an outside group within sixty days of the general election. Citizens United argued the ad was illegal according to the Bipartisan Campaign Reform Act (BCRA) passed in 2002 that stated no electioneering committee could fund an ad 60 days before an election. Citizens United believed Fahrenheit 9/11 was critical of Bush’s response to 9/11 and therefore was an ad for the opposing candidate Al Gore. The Supreme Court decided that if a company wants to use their money to campaign, since money is an expression of speech, there cannot be any law limiting when you can express your views politically. The court determined that the portions of FECA and BCRA related to restrictions on corporate and labor union spending was unconstitutional as it prohibited free speech. Citizens United reaffirmed the president set by Buckley vs. Valeo that money is
Federal Election Commission 558 U.S. 310 distinguished the Bethel School District v. Fraser ruling. The case dealt with the regulations of campaign advertising produced by an organization. In the early months of 2008, The Citizens Untied Corporation released a documentary about why Hillary Clinton would make a good president. The corporation’s plan was to make the documentary accessible 30 days before the primary election. The Bipartisan Campaign Reform Act however prohibits corporations from producing advertisements that advocates for or against a candidate 60 days prior to an election or 30 days prior to a primary election. The question at hand in this case was whether the BCRA violated the organization’s First Amendment. The Supreme Court reversed the District Court’s decision on the constitutionality of the BCRA’s restrictions. The high court decided that the law limited what people could say and when they would say it in regards to the election. It also ruled that the Federal Law conflicted with the U.S. Constitution. The court however, upheld certain requirements for public disclosure by means of advertisements. The court distinguished the Bethel School District v. Fraser ruling when they “upheld a narrow class of speech that operates to the disadvantage of certain persons” (Citizens United v. Federal Election Commission 558 U.S.
The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questions. The premise of Breyer’s approach is that the Constitution enshrines values and principles, but it grants judges the flexibility to apply those principles to changing circumstances (Yale 11). Hence, pragmatist judges embrace constitutional
Campaign Finance reform has been a topic of interest throughout the history of the United States Government, especially in the more recent decades. There are arguments on both sides of the issue. Proponents of campaign finance limits argue that wealthy donors and corporations hold too much power in elections and as a result they can corrupt campaigns. Those who favor less regulation argue that campaign donations are a form of free speech. One case in particular, Citizens United vs. The Federal Election Commission has altered everything with pertaining to Campaign Finance.
On January 21, 2010, the Supreme Court ruling in the case of Citizens United v Federal Election Commission allowed for corporations and capitalist enterprises to be treated as individuals during an election period. This ruling allows corporations to spend or give an unlimited amount of money in contributions to their party or candidate of choice in any given election. With the loss of corporate financial regulations, our entire political system runs the risk of being corrupted by corporations whose sole objective is to satisfy its share-holders. This ruling affects all Americans their "life, liberty, and pursuit of happiness." President Barack Obama had this to say about the ruling:
Under the Supreme Court case Citizens United v. FEC the supreme court ruled that corporations as an entity were considered people giving them the right to spend money to spread their options and beliefs. This case has been openly questioned in the media, among many members of the country and the government alike. It is still in effect today and the opinion has not changed by the supreme court. With corporations being considered people it brings into question what or who else could be considered person under US law. One example of a group that could benefit from being considered persons are animals. Animals are mistreated everyday and if they had the rights of people then this could be different. Every argument or discussion has two sides, in this case the two sides are that animals should be considered persons and the other is that they should not be considered persons. Both sides have their merits and their faults.
Diving in the Citizen’s United Ruling case state that corporations and other independent groups have the right to raise unlimited campaign funds. This campaign fund, representing the corporation's freedom of speech, can be used for and against federal candidates. The ruling of Citizen United permitted groups to make “independent expenditures,” not affiliated with any candidate or party since they were not allowed to spend treasury funds in Federal elections (Citizens United). Corporations and unions can have a certain limited contribution to their political action committees, organizations that raise and spend money for specific candidates, that then contribute to the outcome of federal campaigns. Organizations, social welfare, and trade associations
The Supreme Court Case Citizens United v. Federal Election Commission (FEC) greatly affected the future of American politics and government and was a major topic of discussion for many years. The case was initially argued on March 24, 2009 and it was reargued on September 9, 2009. Eventually, the Supreme Court decided on a resolution regarding the issues being argued in this case on January 21, 2010 under Roberts court. To begin with, the FEC is a bipartisan, six-member group who enforce and regulate the campaign finance laws, in addition to enforcing obedience with their requirements. It was first created by the Federal Election Campaign Act of 1974, which reformed campaign finances. Furthermore, Citizens United v. FEC dealt with the regulation
McCutcheon v. Federal Election Commission was a 5-4 decision divided along liberal and conservative lines. Shane McCutcheon is a businessman from Alabama who donated thousands of dollars to various Republican committees and candidates. If he donated any more, he would violate the limit to aggregate contributions established in the Federal Election Campaign Act and the Bipartisan Campaign Reform Act. The aggregate limit capped the amount of money an individual could donate to candidates and committees per two year election cycle at 123,000. McCutcheon and the Republican National Committee sued the Federal Election Commission, which enforced campaign finance regulations, arguing that the aggregate contribution limit violated the First Amendment
As part of their journalism class students produced a newspaper with a collection of student-written articles about teen pregnancy and the impact of divorce on kids. As a result, the principal made the decision to delete the two articles from that edition of the school’s newspaper. Consequently, three students sued the school district alleging violation of their First Amendment rights.
Through the course of history the Supreme Court has had to oversee many monumental cases. One case in particular that I believe has had a paramount effect on policy, corporations and elections is that of Citizens United v. FEC. This case brings to light many disputed issues two of them being Campaign Financing and Freedom of Speech. Through the course of this essay we will delve into what occurred in this case, why that decision was made, and how this decision has affect our Freedoms today.
One main issue raised by presidential hopefuls revolves around campaign money received by candidates, donated by multi-million dollar corporations. Although it remains illegal for these corporations to directly donate large sums of money to political campaigns and political parties, the fear that political and judicial figures in the American political systems are being bought out by these affluent corporations still worries an inordinate amount of people in the United States. In 2009, the Supreme Court ruled in Citizens United v. FEC whether these wealthy companies had the constitutional right to air advertisements they paid for using company expenditures. Similar to Supreme Court cases within the past half-century, the case suggests that
In the court case Obergefell et al. v. Hodges, the court ruled in favor of the plaintiff. It was hardly an overwhelming vote; the majority vote was 5-4. The court case was on the subject of same sex marriage. The court ruled that the right to same sex marriage was protected under the constitution. At first, I did not really disagree with the ruling; I do not believe same sex marriage is right, but if that is what they want then it is their choice. After reading about the case, however, I have changed my mind. After reading the dissents of the Chief Justices that did not agree, my stance changed.