Federal Election Commission 558 U.S Assignment Example | Topics and Well Written Essays - 500 words

Federal Election Commission 558 U.S - Assignment Example As the report declares  apprehensive about the â€Å"possible civil and criminal penalties for violating  §441b,† it filed a â€Å"declaratory and injunctive relief,† claiming that  §441b is unconstitutional when applied to the said documentary and that the disclaimer, disclosure, and reporting requirements under BCRA, BCRA  §Ã‚ §201 and 311, were unconstitutional when â€Å"applied to Hillary and the ads†. With this, â€Å"the District Court denied Citizens United a preliminary injunction and granted appellee Federal Election Commission (FEC) summary judgment†.From this   paper it is clear that  the Court reversed in part, affirmed in part, and remanded. They considered the â€Å"continuing effect of the speech suppression† in the Austin case since the issue involves the application of  §441b to the Hillary. The Court overruled the Austin case stating that there is â€Å"no basis for allowing the Government to limit corporate indepen dent expenditures†. It ruled that such restrictions on expenditures under  §441b â€Å"are invalid and cannot be applied to Hillary†. Given this, the Court also overruled the part which â€Å"upheld BCRA  §203’s extension of  §441b’s restrictions on independent corporate expenditures†. However, â€Å"BCRA  §Ã‚ §201 and 311 are valid insofar as applied to the ads for Hillary and to the movie itself†.  The Court considered  §441b’s facial validity claiming that â€Å"any other course would prolong the substantial, nationwide chilling effect caused by  §441b’s corporate expenditure ban†.