This week the Supreme Court postponed a decision on Citizens United v. FEC.  This case arose after the FEC, banned Citizens United, a non profit group from running ads promoting a documentary critical of Senator Clinton during the Presidential primaries called “Hillary: The Movie.”  The Court ordered both sides to argue if Austin v. Chamber of Commerce and Section 203 of McConnell v. FEC should be overturned.

Reversing these decisions would be a major victory for free speech proponents as Austin upholds the ban on corporate political spending and Section 203 of McConnell prohibits corporate and labor union spending on broadcast, cable, satellite TV and radio leading up to an election.  This decision, reschedule for the fall has the potential to open up a wave of third party political spending as well as removing the FEC from having to decide what qualifies as a legal expenditure.

Reference: 6/29/09 National Review: Bench Memo