(AP Photo/Kevin Glackmeyer)
By Sarah Kestenbaum
The Supreme Court of the United States decided Friday Nov. 14 to grant cert in the Citizens United v. Federal Election Commission case, according to the SCOTUS Blog and the Washington Post. The conservative advocacy group, Citizens United, is upholding that there should be an exception to the 2002 Bipartisan Campaign Reform Act when applied to a feature-length movie naming a Presidential or Congressional candidate.
The “electioneering communications” provision of the Campaign Reform Act bans corporations (including non-profits) and labor unions from using monies from their own treasuries to fund ads for or against federal candidates if the ad appears on the radio or television during election time.
“Hilary: The Movie,” funded by Citizens United about Senator Hilary Clinton, was released only to theaters and on DVD for fear that the Federal Election Commission would apply the ban to the movie if it aired on TV.
The issue is whether forms of expressions traditionally protected during an election, such as a movie, are subject to the FEC bans as well. A federal District Court ruled that the movie about Senator Clinton was similar to the kind of radio or TV ad that would be subject to the ban if aired on television because it is interpreted as a call to voters to not support the candidate.
Although the Congressional and Presidential elections are over, the case is still being heard because Citizens United has said it plans to produce and use similar movies in future elections.
The case will most likely be argued in the session that begins Feb. 23 and continues through March 4.
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