Will 501(c)(3) Organizations Be Affected by Citizens United v. FEC?

The United States Supreme Court yesterday threatened further to make wretched the destiny of American democracy with its profoundly disturbing opinion in Citizens United v. Fed. Election Comm'n, 2010 U.S. LEXIS 766 (U.S. Jan. 21, 2010). The decision, which represents the most specious brand of judicial activism, ignores the letter and spirit of the Constitution in its entirety, distorts every principle embodied in the First Amendment specifically, and upends decades of settled precedent, in providing corporations carte blanche to spend without limitation in support, or disapproval, of candidates for federal office.

Nothing in the opinion, however, can be read directly to affect the stringent limitations imposed on the campaign activities of 501(c)(3) organizations. These limitations exist separate and apart from those hitherto imposed by the campaign finance laws and, thus, presumably remain unaffected. This view is further borne out by the unabashedly political nature of the Citizens United decision, particularly as juxtaposed against the fundamental character of most charitable organizations.

When confronted with a Court opinion that fabricates new law with each passing page, as Citizens United does, however, it may well be the case that the law applicable to 501(c)(3) organizations has, indeed, changed. But, until such time as that potentiality is further, and more clearly, delineated, 501(c)(3) organizations, and their advisors, would be well suited to consider business as usual.