In the context of campaign finance, the Supreme Court ruled that First Amendment protections apply to individual people and corporations.

The conservative organization Citizens United attempted to air its film Hillary: The Movie on television as the 2008 Democratic primary election approached. The film criticized Hillary Rodham Clinton and questioned her potential as a president.

Under the Bipartisan Campaign Reform Act, corporations were unable to make any “electioneering communication”—a broadcast ad reaching more than 50,000 people—within 30 days of a primary or 60 days of an election. The regulation also prohibited any corporation from paying to advocate for the success or defeat of a candidate. Citizens United therefore sought an injunction, questioning the applicability of the BCRA to its film.

While the Supreme Court addressed several issues in Citizens United v. Federal Election Commission, the court ruled that the BCRA provision limiting corporation expenditure violated free speech rights. Justice Anthony Kennedy, writing for the majority, stated that “if the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”