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

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Presentation transcript:

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

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

 Who They Are › Conservative non-profit group  What They Do › Marketing products  Documentaries  Commercials › Advocate for citizen run government

 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

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

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

 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

 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.

 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

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

 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 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.

 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

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 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

 "Citizens United | OpenSecrets." Opensecrets RSS. N.p., n.d. Web. 20 Mar  "Citizens United v. FEC." ACS. N.p., n.d. Web. 21 Mar  "CITIZENS UNITED v. FEDERAL ELECTION COMMISSION." Citizens United v. Federal Election Commission. N.p., n.d. Web. 21 Mar  "Citizens United Vs Federal Election Commission." Citizens United Vs Federal Election Commission. N.p., n.d. Web. 20 Mar  "Colbert PAC Ad - The Colbert Report - 3/10/11 - Video Clip | Comedy Central". Colbertnation.com. Retrieved  "Colbert: 'Re-Becoming' The Nation We Always Were | NCPR News from NPR". Northcountrypublicradio.org. Retrieved  "Colbert takes satirical swipe at disclosure laws to create corporation in Del". Delaware Online. Retrieved October 6,  Sink, Justin ( ). "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,  Allen, Mike (January 12, 2012). "Stephen Colbert to explore run for president in South Carolina — Politico". politico.com. Retrieved January 12,  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,  Sullivan, Sean (December 14, 2012). "Stephen Colbert Donates Super PAC Money To Charity". Washington Post. Retrieved December 14, 2012.