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Diane Publishing Books
Legislative Opitons after “Citizens United v. FEC”: Constitutional and Legal Issues
L. Paige Whitaker (au)
In “Citizens United v. FEC,” the Supreme Court invalidated two provisions of the Federal Election Campaign Act (FECA), finding that they were unconstitutional under the First Amendment. The decision struck down the long-standing prohibition on corporations using their general treasury funds to make independent expenditures, and Section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), prohibiting corporations from using their general treasury funds for“electioneering communications.” Contents of this report: (I) Background: Impact of Citizens United on Current Federal Campaign Finance Law; Legislation and Proposals in Response to Citizens United; (II) Increased Disclaimer Requirements; (III) Disclosure of Donors to § 501(c) Organizations; (IV) Shareholder Notification and Approval; (V) Restrictions on Foreign-Owned Corporations: Foreign Corporations vs. Foreign-Owned Corporations under Election Law; Redefining “Foreign Nationals” to Include Foreign-Owned Corporations; First Amendment Rights; Vagueness; (VI) Conditioning Government Contracts or Grants on Forgoing Right to Political Speech: “Unconstitutional Conditions” on the Receipt of Federal Funds; Government Program Restrictions and “Government Speech”; Governmental Interest Promoted by the Legislation; Least Restrictive Means of Accomplishing Objective; Other Government Interests or Narrower Tailoring Sufficient to Justify Restrictions Involving Government Contractors; (VII) Taxation of Corporate Campaign-Related Expenditures; (VIII) Public Financing For Congressional Campaigns; (IX) Constitutional Amendment.
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