Citizens United vs. Federal Election Committee

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Presentation transcript:

Citizens United vs. Federal Election Committee By Megan Bridge

Congress shall make no law… Congress shall make no law…. Abridging the freedom of speech… The First Amendment The United States Constitution

Federal Election Committee Who They Are Independent agency What They Do Watch over funding during elections Enforce laws regarding financial contributions Release information regarding campaign finances

Citizens United Who They Are What They Do Conservative non-profit group What They Do Marketing products Documentaries Commercials Advocate for citizen run government

Hillary: The Movie Produced by Citizens United in 2008 Revealed alleged indiscretions of Clinton Citizens United wanted to air it before 2008 Democratic Primary Federal government would not air it

Citizens United vs. FEC Case went to Supreme Court 5-4 decision in favor of Citizens United Concurrence: Roberts, Scalia, Kennedy, Thomas, Alito Dissent: Breyer, Ginsburg, Sotomayor, Stevens

Understand… Prior to this decision, companies could not directly spend money supporting political candidates, though they had ways to getting around this.

Implications Corporations now have the same rights as people regarding political free speech Unlimited corporate spending in campaigns Corporate donations now run campaigns PACs and Super PACS have free reign to do as they please

What They Are PACs: Political Action Committees! Raise and donate money to political candidates Usually represent corporations Prior to Citizens United vs. FEC, PACs were formed by individuals in companies to fund campaigns; however, NO funds from the corporation’s treasury could be used. Citizens United vs. FEC changed this.

Super PACs New type of PAC Do not donate to individuals or political parties Run independent ads in favor or against candidates No restrictions on where the funds originate from Not required to disclose donor source

Stephen Colbert Realized the seriousness of the Citizens United vs. FEC decision Decided to form his own Super PAC Americans for a Better Tomorrow, Tomorrow

Creation of Colbert’s Super PAC March 30, 2011: FEC Chairman helped him file initial paperwork June 30, 2011: FEC approved Colbert’s request September 29, 2011: Created a shell company entitled Colbert Super PAC SHH Institute

Colbert Super PAC SHH Institute Colbert was President, Secretary, Treasurer and the only board member Donations are limitless and donor can remain a secret Donations made to the Institute can be directly given to the Colbert Super PAC

It was revealed in the January 2012 FEC filing that Americans for a Better Tomorrow, Tomorrow raised $1.02 million.

President of the United States of South Carolina Colbert announced candidacy in January 2012 Signed over control of his Super PAC to Jon Stewart Renamed the Definitely Not Coordinating With Stephen Colbert Super PAC Ran ads before the South Carolina primary

Mitt Romney Ad http://www.youtube.com/watch?v=XW0JTcYeKXg

Dissolution of Super PAC Disbanded November 12, 2012 Colbert created a second shell company Donated funds from the first shell company to the second company with instructions regarding distribution This enabled him to avoid disclosing where the money went even to the IRS

Almost $800,000 left in the account Donated $125,000 each to 4 charities: Hurricane Sandy Relief Fund Team Rubicon Habitat for Humanity Yellow Ribbon Fund The remaining money went to organizations dedicated to finance reform

Everything that Colbert and Stewart did was legal Shined a light on the issues with modern campaigning due to Citizens United vs. FEC

Works Cited "Citizens United | OpenSecrets." Opensecrets RSS. N.p., n.d. Web. 20 Mar. 2013. "Citizens United v. FEC." ACS. N.p., n.d. Web. 21 Mar. 2013. "CITIZENS UNITED v. FEDERAL ELECTION COMMISSION." Citizens United v. Federal Election Commission. N.p., n.d. Web. 21 Mar. 2013. "Citizens United Vs Federal Election Commission." Citizens United Vs Federal Election Commission. N.p., n.d. Web. 20 Mar. 2013. "Colbert PAC Ad - The Colbert Report - 3/10/11 - Video Clip | Comedy Central". Colbertnation.com. Retrieved 2012-10-05. "Colbert: 'Re-Becoming' The Nation We Always Were | NCPR News from NPR". Northcountrypublicradio.org. Retrieved 2012-10-05. "Colbert takes satirical swipe at disclosure laws to create corporation in Del". Delaware Online. Retrieved October 6, 2011. Sink, Justin (2011-09-30). "Colbert creates shell corporation to lampoon Karl Rove's groups — The Hill's Video". The Hill. Capitol Hill Publishing Corp.. "Stephen Colbert’s Super PAC has raised over $1 million, according to filing with FEC" (January 31, 2012). Associated Press. "Colbert Super PAC Under New Management!". Colbertsuperpac.com. Retrieved January 19, 2012. Allen, Mike (January 12, 2012). "Stephen Colbert to explore run for president in South Carolina — Politico". politico.com. Retrieved January 12, 2012. Will Jon Stewart go to jail for running Stephen Colbert's super PAC? By Peter Grier, 18 January 2012 Robillard, Kevin (November 13, 2012). "Colbert shuts down super PAC". Politico. Retrieved December 14, 2012. Sullivan, Sean (December 14, 2012). "Stephen Colbert Donates Super PAC Money To Charity". Washington Post. Retrieved December 14, 2012.