As in the 2014 mid-term election season, Super PACs once again are attracting a great deal of attention in this Presidential Primary season. Although criticized by many, they are a legal, and many believe effective, way to promote political speech protected by the First Amendment. Although Super PACs have been in existence for almost five years, they are often misunderstood. For example, many critics allege that they are sources of “dark money” and unregulated. Neither of these characterizations are accurate; in fact, the opposite is true.
How Did We Get Here? -
Prior to the Citizens United decision in 2010, corporations could neither make contributions nor expenditures in federal elections. In Citizens United v. Federal Election Comm’n, 558 U.S. 310 (2010), the Supreme Court struck the prohibition on expenditures by corporations and labor unions while leaving in place the ban on contributions by both of those groups.
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