The Citizens United V. FEC Case Video
Case 15: Citizens United v. F.E.C. AP GoPoWhat: The Citizens United V. FEC Case
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That case is Americans for Prosperity Foundation v. FEC Citizens United is best known for its anti-canonical holding that corporations may spend unlimited money to influence elections.
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Four of the eight justices who supported disclosure rules have since left the Court, and three of them were replaced by judges who are significantly more conservative than the person they Citizesn. Which brings us to Americans for Prosperity Foundation. And, with six Republican appointees on the Supreme Court, they have a very good chance of prevailing.
Sign up to receive our newsletter each Friday. The specific issue in Americans for Prosperity is fairly far afield of the foundational questions about money in politics that animated Citizens United.
There are difficult questions underlying Americans for Prosperity. Would you have confidence that no one in that office would leak the names of those donors to Tucker Carlson? And those justices could allow political groups to operate with far more secrecy, allowing wealthy donors to shape American politics in the shadows. State officials could have turned over the list of members to the Ku Klux Klan.
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Ultimately, however, this scheme did not succeed. Alabama ex rel. Pattersona unanimous Supreme Court ruled Th Alabama could not force the NAACP to disclose its members, given the obvious danger to those members if their names were disclosed. Or, in the case of the law center, that the donor information might wind up being discovered by a terrorist organization located on the other side of the globe, which will then target American donors to the law center.
That said, the plaintiffs do have some basis to fear that some of their donor information Cade accidentally be disclosed to the public. The plaintiffs fear that, had visit web page donor information become widely available to the public through a similar error, then those donors The Citizens United V.
FEC Case be harassed or their businesses might be boycotted. The core question in Americans for Prosperity is whether this fear that an inadvertent disclosure might happen and that such a disclosure might lead to consequences for donors is sufficient reason to invoke constitutional protections intended to shield organizations like the NAACP in the Jim Crow era.
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How the Court currently approaches mandatory disclosure laws Under current precedents, the Supreme Court uses two sorting mechanisms to help it identify which disclosure laws should be struck down. The first is a balancing test described in Citizens United. Thus, if a plaintiff prevails in a facial challenge, the challenged law can no longer be enforced against Uniited. But if a plaintiff prevails in an as-applied challenge, the government may still be able to enforce the challenged law against other parties.]
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