In 2010, the Supreme Court handed down a landmark decision, Citizens United v. Federal Election Commission. The case ultimately changed the future of American election law, further emphasizing the importance of free speech and pushing the regulation of campaign finance to its limits. Yet the fierce debate over how this decision will affect our democracy continues.
Back in 2002, Citizens United was subject to the Bipartisan Revenue Reform Act (BCRA), which prohibited election campaigns by corporations and unions. In 2008, the group sought to advertise and air its political documentary, Hillary: The Movie, on television. The Federal Election Commission (FEC) found such behavior to be a violation of the law, so Citizens United filed a lawsuit challenging the constitutionality of the ban.
In March 2009, the Supreme Court held oral arguments. In initial arguments, FEC representatives emphasized that under the 1990 Austin case, the government has the authority to prohibit groups from publishing books and articles that contain content that targets candidates. The statement shocked many judges and they questioned whether it would affect the media's right to speak freely. Ultimately, as the date and scope of the retrial expanded, the issue became whether it was necessary to overturn past precedent.
On January 21, 2010, the Supreme Court ruled 5-4 in favor of Citizens United, holding that the Bipartisan Revenue Reform Act's ban on independent political contributions by corporations violated the First Amendment's guarantee of free speech. . The court's lead opinion was written by Justice Anthony Kennedy, who noted that "if the First Amendment imposes any obligation at all, it prohibits Congress from fining or imprisoning citizens and groups for engaging in political speech." The ruling not only struck down important provisions of the bipartisan Revenue Reform Act, it also reexamined past trials and opinions.
The ruling has won strong responses from different industries and groups. Many politicians supported the decision, arguing that it restored the core value of free speech. One senator called it "an important step toward restoring First Amendment rights," while others warned it undermined democracy by giving more power to special interest groups and their lobbyists. The foundation of the system.
“The effective functioning of a democracy requires that all its members believe that the law cannot be bought and sold.”
In the years that followed, the legal and political controversy surrounding Citizens United continued. Some activists and lawmakers have begun calling for further legislative changes to resist the influence of corporate money in politics. As election finance norms loosen, corporations gain unprecedented power, transparency in decision-making is called into question, and the role of voters in leveling the playing field appears increasingly undermined.
"The fraught issues regarding the influence between the government and the corporations may make ordinary voters disappointed with the democratic system."
As some observers have said, the battle over free speech and political funding is still ongoing. Will future election laws undergo a qualitative change as a result of this ruling? Is it possible that new norms and changes will come?