Hillary: The Movie is a 2008 political documentary about United States Senator and presidential candidate Hillary Clinton. It was produced by the conservative non-profit organization Citizens United. The film was scheduled to be offered as video-on-demand on cable TV right before the Democratic primaries in January 2008, but would have been classified as "electioneering communication", which was made illegal under the Bipartisan Campaign Reform Act, by the Federal Election Commission. The producers went to U.S. District Court for the District of Columbia to get a declaration that they could show their movie and promotional ads for it despite BCRA. This case was titled Citizens United v. Federal Election Commission and its final decision at the U.S. Supreme Court resulted in a major change in campaign finance law.
The documentary interviewed various conservative figures such as Dick Morris and Ann Coulter and reviewed various scandals in which Hillary Clinton purportedly participated, such as the White House travel office controversy, White House FBI files controversy, Whitewater controversy, and cattle futures controversy. [1] The factual finding of the three-judge district court was that there was "no reasonable interpretation [of the movie] other than as an appeal to vote against Senator Clinton", thus making it "electioneering communication". [2] The Supreme Court did not change that decision, but applied the strict scrutiny test for the First Amendment of the Constitution and said corporations could not be banned from making electioneering communications. [3]
In December 2007, Citizens United v. Federal Election Commission. was filed at the United States District Court for the District of Columbia. A special three-judge panel (as specified in BCRA) sided with the Federal Election Commission (FEC) that under the McCain-Feingold Bipartisan Campaign Reform Act, Hillary: The Movie could not be shown on television right before the 2008 Democratic primaries. [4]
Another provision in BCRA specified that constitutional appeals from the District Court must be immediately filed directly with the U.S. Supreme Court. Citizens United did so on August 18, 2008. [5] Oral arguments were heard on March 24, 2009; [6] [7] [8] a decision was expected sometime in the early summer months of 2009. [9]
In 2010 the Supreme Court ruled 5–4 that the spending limits in the McCain-Feingold Act were unconstitutional under the First Amendment, which allowed essentially unlimited independent expenditures by non-profit organizations. [10] Contrary to popular belief, the FEC still limits corporate campaign contributions. [11]
Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.
David Norman Bossie is an American political activist. Since 2000, he has been president and chairman of conservative advocacy group Citizens United and in 2016, Bossie was the deputy campaign manager to the Donald Trump presidential campaign.
Citizens United is a conservative 501(c)(4) nonprofit organization in the United States founded in 1988. In 2010, the organization won a U.S. Supreme Court case known as Citizens United v. FEC, which struck down as unconstitutional a federal law prohibiting corporations and unions from making expenditures in connection with federal elections. The organization's president and chairman is David Bossie.
The Bipartisan Campaign Reform Act of 2002, commonly known as the McCain–Feingold Act or BCRA, is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.
A 527 organization or 527 group is a type of U.S. tax-exempt organization organized under Section 527 of the U.S. Internal Revenue Code. A 527 group is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.
The Federal Election Campaign Act of 1971 is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communication media, adding additional penalties to the criminal code for election law violations, and imposing disclosure requirements for federal political campaigns. The Act was signed into law by President Richard Nixon on February 7, 1972.
McConnell v. Federal Election Commission, 540 U.S. 93 (2003), is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act (BCRA), often referred to as the McCain–Feingold Act.
First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.
The "Stand By Your Ad" provision (SBYA) of the Bipartisan Campaign Reform Act, enacted in 2002, requires candidates in the United States for federal political office, as well as interest groups and political parties supporting or opposing a candidate, to include in political advertisements on television and radio "a statement by the candidate that identifies the candidate and states that the candidate has approved the communication". The provision was intended to force political candidates running any campaign for office in the United States to associate themselves with their television and radio advertising, thereby discouraging them from making controversial claims or attack ads.
The National Right to Life Committee (NRLC) is the oldest and largest national anti-abortion organization in the United States with affiliates in all 50 states and more than 3,000 local chapters nationwide.
The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen steadily at least since 1990. For example, a candidate who won an election to the House of Representatives in 1990 spent on average $407,600, while the winner in 2022 spent on average $2.79 million; in the Senate, average spending for winning candidates went from $3.87 million to $26.53 million.
Ellen L. Weintraub is an American attorney who serves as a Commissioner on the Federal Election Commission.
Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007), is a United States Supreme Court case in which the Court held that issue ads may not be banned from the months preceding a primary or general election.
Davis v. Federal Election Commission, 554 U.S. 724 (2008), is a decision by the Supreme Court of the United States which held that section 319 of the Bipartisan Campaign Reform Act of 2002 unconstitutionally infringed on candidates' rights as provided by First Amendment.
James Bopp Jr. is an American conservative lawyer. He is most known for his work associated with election laws, anti-abortion model legislation, and campaign finance.
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.
McCutcheon v. Federal Election Commission, 572 U.S. 185 (2014), was a landmark decision of the US Supreme Court on campaign finance. The decision held that Section 441 of the Federal Election Campaign Act of 1971, which imposed a limit on contributions an individual can make over a two-year period to all national party and federal candidate committees, is unconstitutional.
FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the Federal Election Campaign Act of 1971 (FECA), which regulates the fundraising and spending in political campaigns. The FECA is the primary law that places regulations on campaign financing by limiting the amount that may be contributed. The Act established that no independent political action committee may contribute more than $1,000 to any given presidential candidate in support of a campaign.
Shadow campaigns refers to spending meant to influence political outcomes where the source of the money is not publicly disclosed or is difficult to trace. United States campaign finance law has been regulated by the Federal Election Commission since its creation in the wake of the Watergate Scandal in 1975, and in the years following Citizens United v. FEC, there has been a rise in outside special interest groups spending money on political campaigns in the United States. Dark money leaves voters uninformed about important political information and it can obscure potential conflicts of interest for judges and legislators alike.
Federal Election Commission v. Ted Cruz for Senate, 596 U.S. 289 (2022), was a case related to the First Amendment to the United States Constitution. The Supreme Court of the United States struck down section 304 of the Bipartisan Campaign Reform Act, which limited the amount of money that candidates could be paid on personal loans to their campaign.