52
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
they would help citizens “ ‘make informed choices in the
political marketplace.’ ” 540 U. S., at 197 (quoting McCon
nell I, supra, at 237); see 540 U. S., at 231.
Although both provisions were facially upheld, the
Court acknowledged that as-applied challenges would be
available if a group could show a “ ‘reasonable probability’ ”
that disclosure of its contributors’ names “ ‘will subject
them to threats, harassment, or reprisals from either
Government officials or private parties.’ ” Id., at 198
(quoting Buckley, supra, at 74).
For the reasons stated below, we find the statute valid
as applied to the ads for the movie and to the movie itself.
B
Citizens United sought to broadcast one 30-second and
two 10-second ads to promote Hillary. Under FEC regula
tions, a communication that “[p]roposes a commercial
transaction” was not subject to 2 U. S. C. §441b’s restric
tions on corporate or union funding of electioneering com
munications. 11 CFR §114.15(b)(3)(ii). The regulations,
however, do not exempt those communications from the
disclaimer and disclosure requirements in BCRA §§201
and 311. See 72 Fed. Reg. 72901 (2007).
Citizens United argues that the disclaimer require
ments in §311 are unconstitutional as applied to its ads.
It contends that the governmental interest in providing
information to the electorate does not justify requiring
disclaimers for any commercial advertisements, including
the ones at issue here. We disagree. The ads fall within
BCRA’s definition of an “electioneering communication”:
They referred to then-Senator Clinton by name shortly
before a primary and contained pejorative references to
her candidacy. See 530 F. Supp. 2d, at 276, nn. 2–4. The
disclaimers required by §311 “provid[e] the electorate with
information,” McConnell, supra, at 196, and “insure that
the voters are fully informed” about the person or group