8
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
Clinton for President. In light of historical footage, inter
views with persons critical of her, and voiceover narration,
the film would be understood by most viewers as an ex
tended criticism of Senator Clinton’s character and her
fitness for the office of the Presidency. The narrative may
contain more suggestions and arguments than facts, but
there is little doubt that the thesis of the film is that she is
unfit for the Presidency. The movie concentrates on al
leged wrongdoing during the Clinton administration,
Senator Clinton’s qualifications and fitness for office, and
policies the commentators predict she would pursue if
elected President. It calls Senator Clinton “Machiavel
lian,” App. 64a, and asks whether she is “the most quali
fied to hit the ground running if elected President,” id., at
88a. The narrator reminds viewers that “Americans have
never been keen on dynasties” and that “a vote for Hillary
is a vote to continue 20 years of a Bush or a Clinton in the
White House,” id., at 143a–144a.
Citizens United argues that Hillary is just “a documen
tary film that examines certain historical events.” Brief
for Appellant 35. We disagree. The movie’s consistent
emphasis is on the relevance of these events to Senator
Clinton’s candidacy for President. The narrator begins by
asking “could [Senator Clinton] become the first female
President in the history of the United States?” App. 35a.
And the narrator reiterates the movie’s message in his
closing line: “Finally, before America decides on our next
president, voters should need no reminders of . . . what’s
at stake—the well being and prosperity of our nation.”
Id., at 144a–145a.
As the District Court found, there is no reasonable
interpretation of Hillary other than as an appeal to vote
against Senator Clinton. Under the standard stated in
McConnell and further elaborated in WRTL, the film
qualifies as the functional equivalent of express advocacy.