Congressional Digest

Supreme Court Debates May 2009 No. 5 Vol. 12
Citizens United

Electioneering Communications

FEC Regulation of Political Documentaries During Campaign Season

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Citizens United

Appellant

Theodore B. Olson, Counsel of Record Citizens United is a nonprofit membership corporation that engages in conservative advocacy, primarily through the production and distribution of feature-length documentary movies. In 2007, the group created Hillary: The Movie, a documentary about Hillary Clinton, then a candidate for the Democratic nomination for president of the United States. The group made the film available to cable television viewers through a video-on-demand ordering system. According to the Federal Elections Commission (FEC), the documentary constituted "electioneering communications" within the meaning of Bipartisan Campaign Reform Act (BCRA), which subjected Citizens United to financial disclosure requirements, such as…

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