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CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
J., concurring); Thornhill v. Alabama, 310 U. S. 88, 97–98
(1940). For these reasons we find it necessary to recon
sider Austin.
III
The First Amendment provides that “Congress shall
make no law . . . abridging the freedom of speech.” Laws
enacted to control or suppress speech may operate at
different points in the speech process. The following are
just a few examples of restrictions that have been at
tempted at different stages of the speech process—all laws
found to be invalid: restrictions requiring a permit at the
outset, Watchtower Bible & Tract Soc. of N. Y., Inc. v.
Village of Stratton, 536 U. S. 150, 153 (2002); imposing a
burden by impounding proceeds on receipts or royalties,
Simon & Schuster, Inc. v. Members of N. Y. State Crime
Victims Bd., 502 U. S. 105, 108, 123 (1991); seeking to
exact a cost after the speech occurs, New York Times Co. v.
Sullivan, 376 U. S., at 267; and subjecting the speaker to
criminal penalties, Brandenburg v. Ohio, 395 U. S. 444,
445 (1969) (per curiam).
The law before us is an outright ban, backed by criminal
sanctions. Section 441b makes it a felony for all corpora
tions—including nonprofit advocacy corporations—either
to expressly advocate the election or defeat of candidates
or to broadcast electioneering communications within 30
days of a primary election and 60 days of a general elec
tion. Thus, the following acts would all be felonies under
§441b: The Sierra Club runs an ad, within the crucial
phase of 60 days before the general election, that exhorts
the public to disapprove of a Congressman who favors
logging in national forests; the National Rifle Association
publishes a book urging the public to vote for the chal
lenger because the incumbent U. S. Senator supports a
handgun ban; and the American Civil Liberties Union
creates a Web site telling the public to vote for a Presiden