Cite as: 558 U. S. ____ (2010)
7
Opinion of the Court
an inaccurate estimate potentially subjecting the speaker
to criminal sanctions. The First Amendment does not
permit laws that force speakers to retain a campaign
finance attorney, conduct demographic marketing re
search, or seek declaratory rulings before discussing the
most salient political issues of our day. Prolix laws chill
speech for the same reason that vague laws chill speech:
People “of common intelligence must necessarily guess at
[the law’s] meaning and differ as to its application.” Con
nally v. General Constr. Co., 269 U. S. 385, 391 (1926).
The Government may not render a ban on political speech
constitutional by carving out a limited exemption through
an amorphous regulatory interpretation. We must reject
the approach suggested by the amici. Section 441b covers
Hillary.
B
Citizens United next argues that §441b may not be
applied to Hillary under the approach taken in WRTL.
McConnell decided that §441b(b)(2)’s definition of an
“electioneering communication” was facially constitutional
insofar as it restricted speech that was “the functional
equivalent of express advocacy” for or against a specific
candidate. 540 U. S., at 206. WRTL then found an uncon
stitutional application of §441b where the speech was not
“express advocacy or its functional equivalent.” 551 U. S.,
at 481 (opinion of ROBERTS, C. J.). As explained by THE
CHIEF JUSTICE’s controlling opinion in WRTL, the func
tional-equivalent test is objective: “a court should find that
[a communication] is the functional equivalent of express
advocacy only if [it] is susceptible of no reasonable inter
pretation other than as an appeal to vote for or against a
specific candidate.” Id., at 469–470.
Under this test, Hillary is equivalent to express advo
cacy. The movie, in essence, is a feature-length negative
advertisement that urges viewers to vote against Senator