58
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
corrupting consequences of corporate and union independ
ent expenditures in the years preceding BCRA’s passage.
See McConnell, 251 F. Supp. 2d, at 555–560, 622–625; see
also id., at 804–805, 813, n. 143 (Leon, J.) (indicating
agreement). As summarized in her own words:
“The factual findings of the Court illustrate that
corporations and labor unions routinely notify Mem
bers of Congress as soon as they air electioneering
communications relevant to the Members’ elections.
The record also indicates that Members express ap
preciation to organizations for the airing of these elec
tion-related advertisements.
Indeed, Members of
Congress are particularly grateful when negative is
sue advertisements are run by these organizations,
leaving the candidates free to run positive advertise
ments and be seen as ‘above the fray.’ Political con
sultants testify that campaigns are quite aware of
who is running advertisements on the candidate’s be
half, when they are being run, and where they are be
ing run. Likewise, a prominent lobbyist testifies that
these organizations use issue advocacy as a means to
influence various Members of Congress.
“The Findings also demonstrate that Members of
Congress seek to have corporations and unions run
these advertisements on their behalf. The Findings
show that Members suggest that corporations or indi
viduals make donations to interest groups with the
understanding that the money contributed to these
groups will assist the Member in a campaign. After
the election, these organizations often seek credit for
their support. . . . Finally, a large majority of Ameri
cans (80%) are of the view that corporations and other
organizations that engage in electioneering communi
cations, which benefit specific elected officials, receive
special consideration from those officials when matters