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This 2 page Class Notes was uploaded by Brooke McGloon on Saturday September 26, 2015. The Class Notes belongs to POSC 225 at James Madison University taught by Jennifer Byrne in Summer 2015. Since its upload, it has received 159 views. For similar materials see U.S Government in Statistics at James Madison University.
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Date Created: 09/26/15
PAC 5 Citizens United v Federal Election Commission US Supreme Court decision 2010 A US constitutional law case dealing with the regulation of campaign spending by organizations Conservative lobbying group Citizens United wanted to air a lm critical of Hilary Clinton and to advertise during television broadcasts which was in violation of the 2002 Bipartisan Campaign Reform Act commonly known as the McCain Feingold Act BCRA de ned an quotelectioneering communicationquot as a broadcast cable or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary and prohibited such expenditures by corporations and unions The Supreme Court reversed this decision striking down those provisions of BCRA that prohibited corporations including nonpro t corporations and unions from making independent expenditures and quotelectioneering communicationsquotThe Court however upheld requirements for public disclosure by sponsors of advertisements The United States District Court for the District of Columbia held that 203 of BCRA applied and prohibited Citizens United from advertising the lm Hillary The Movie in broadcasts or paying to have it shown on television within 30 days of the 2008 Democratic primaries The case did not involve the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties which remain illegal in races for federal of ce The Supreme Court held that the First Amendment prohibited the government from restricting independent political expenditures by nonpro t and forpro t corporations labor unions and other associations Super PACs originated from this decision Corporations were given RIGHTS Corporate funding of political broadcasts in elections cannot be limited Corporations have First Amendment rights If you re an independent group you have unlimited funds for campaigning and attacking campaigns BUT you cannot coordinate with the candidate directly PACS Political Action Committee private group organized to elect candidates or in uence political outcomes O PACS HAVE restrictions on how much they can donate super PACS Independent Expenditure Only Committees 0 New in 2010 0 Super PAC Independent expenditure committees can raise unlimited funds 0 Can mount direct attacks on candidates 0 Cannot directly coordinate with candidates or political parties BUT hard to prove so rarely ever penalties 0 Unlimited Donationsdonors names must be made public 0 Satire on the political process 0 Can make ads for candidates that are not backed or directly coordinated with them 0 Often run by friends or associates of the candidates business partners 0 Often linked to Republicans Allowable Contributions directly to candidates 0 Individual 2500 0 National Party 5000 0 PAC Multicandidate 5000 O PAC not mc 2500 0 Super PAC 0 A multicandidate PAC has been registered for at least 6 months has more than 50 donors and has made contributions to at least 5 different federal candidates Remember Super PACS have no cap to spend INDEPENDENTLY and can create C439s loophole if they want their donors to be disclosed and donate it to the super PAC
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