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Difficulty: EasyCampaign Finance and Citizens United v. FEC

Read the following excerpt from the majority opinion in Citizens United v. Federal Election Commission:

"Political speech does not lose First Amendment protection simply because its source is a corporation."

Based on this ruling, which of the following campaign activities is constitutionally protected?

  1. A labor union paying for television advertisements supporting a presidential candidate, independent of the candidate's campaignAnswer
  2. B
    A corporation making a direct financial contribution to a congressional candidate's campaign committee
  3. C
    A political party using soft money to coordinate local voter registration drives with a federal candidate
  4. D
    An individual donating unlimited amounts of money directly to a political candidate's campaign

Answer

A labor union paying for television advertisements supporting a presidential candidate, independent of the candidate's campaign
The correct option is correct because the Supreme Court in Citizens United v. FEC ruled that the First Amendment protects independent political expenditures by corporations and labor unions. A labor union funding television ads supporting a candidate independently of that candidate's campaign represents a protected independent expenditure.

Step-by-Step Solution

1
Analyze the provided excerpt from the Court's majority opinion.
The Court asserts that political speech does not lose its First Amendment protection simply because a corporation (or association) is the source.
This establishes that corporate and union political spending is viewed as speech under the First Amendment.
2
Identify the primary legal holding of Citizens United v. FEC.
The Court struck down limits on independent expenditures, meaning corporations and unions can spend unlimited funds on ads that are not coordinated with candidate campaigns.
This links the First Amendment protection to a specific type of campaign finance spending.
3
Select the option that represents an independent expenditure rather than a direct donation.
A labor union funding ads independently of a campaign is protected, whereas direct donations to candidates remain restricted.
This identifies the correct constitutionally protected activity.

Key Concept

The constitutional protection of independent expenditures by corporations and unions as free speech, distinct from direct contributions to candidates.
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Topics

Campaign Finance and Citizens United v. FEC

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