10
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
that, in the end, would themselves be questionable. First
Amendment standards, however, “must give the benefit of
any doubt to protecting rather than stifling speech.”
WRTL, 551 U. S., at 469 (opinion of ROBERTS, C. J.) (citing
New York Times Co. v. Sullivan, 376 U. S. 254, 269–270
(1964)).
D
Citizens United also asks us to carve out an exception to
§441b’s expenditure ban for nonprofit corporate political
speech funded overwhelmingly by individuals. As an
alternative to reconsidering Austin, the Government also
seems to prefer this approach. This line of analysis, how
ever, would be unavailing.
In MCFL, the Court found unconstitutional §441b’s
restrictions on corporate expenditures as applied to non
profit corporations that were formed for the sole purpose
of promoting political ideas, did not engage in business
activities, and did not accept contributions from for-profit
corporations or labor unions. 479 U. S., at 263–264; see
also 11 CFR §114.10. BCRA’s so-called Wellstone Amend
ment applied §441b’s expenditure ban to all nonprofit
corporations. See 2 U. S. C. §441b(c)(6); McConnell, 540
U. S., at 209. McConnell then interpreted the Wellstone
Amendment to retain the MCFL exemption to §441b’s
expenditure prohibition. 540 U. S., at 211. Citizens
United does not qualify for the MCFL exemption, however,
since some funds used to make the movie were donations
from for-profit corporations.
The Government suggests we could find BCRA’s
Wellstone Amendment unconstitutional, sever it from the
statute, and hold that Citizens United’s speech is exempt
from §441b’s ban under BCRA’s Snowe-Jeffords Amend
ment, §441b(c)(2). See Tr. of Oral Arg. 37–38 (Sept. 9,
2009). The Snowe-Jeffords Amendment operates as a
backup provision that only takes effect if the Wellstone