Kennedy rejects bans on corporate political speech in Citizens United
Anthony M. KennedySupreme Court associate justice, writing the majority opinion
Kennedy's majority permits disclosure and disclaimer requirements but rejects suppressing corporate political speech.
“The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”
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Where this statement fits
Citizens United: Corporate election spending and free speech
The Supreme Court protected corporate and union independent election spending in Citizens United. Defenders say the ruling protects political speech and association. Critics say it gives wealthy interests excessive influence and undermines democratic accountability.
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The opinion protects independent corporate and union political spending while permitting disclosure and disclaimer requirements.
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Kennedy writes that the Court was asked to reconsider Austin and, in effect, McConnell, and holds that stare decisis does not compel continued acceptance of Austin.
After the quotation
The opinion then turns to the facts, beginning with Citizens United's January 2008 film Hillary: The Movie.
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The label describes this statement's response within the context above.
Why this label?
Kennedy's majority upholds protection for corporate political speech. Allowing disclosure requirements does not reverse that support for the ruling.
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The Dispute Index. "Kennedy rejects bans on corporate political speech in Citizens United". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6039-kennedy-s-majority-permits-disclosure-and-disclaimer-requirements