56
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
quirements to a movie broadcast via video-on-demand.
And there has been no showing that, as applied in this
case, these requirements would impose a chill on speech or
expression.
V
When word concerning the plot of the movie Mr. Smith
Goes to Washington reached the circles of Government,
some officials sought, by persuasion, to discourage its
distribution. See Smoodin, “Compulsory” Viewing for
Every Citizen: Mr. Smith and the Rhetoric of Reception,
35 Cinema Journal 3, 19, and n. 52 (Winter 1996) (citing
Mr. Smith Riles Washington, Time, Oct. 30, 1939, p. 49);
Nugent, Capra’s Capitol Offense, N. Y. Times, Oct. 29,
1939, p. X5. Under Austin, though, officials could have
done more than discourage its distribution—they could
have banned the film. After all, it, like Hillary, was
speech funded by a corporation that was critical of Mem
bers of Congress. Mr. Smith Goes to Washington may be
fiction and caricature; but fiction and caricature can be a
powerful force.
Modern day movies, television comedies, or skits on
Youtube.com might portray public officials or public poli
cies in unflattering ways. Yet if a covered transmission
during the blackout period creates the background for
candidate endorsement or opposition, a felony occurs
solely because a corporation, other than an exempt media
corporation, has made the “purchase, payment, distribu
tion, loan, advance, deposit, or gift of money or anything of
value” in order to engage in political speech. 2 U. S. C.
§431(9)(A)(i). Speech would be suppressed in the realm
where its necessity is most evident: in the public dialogue
preceding a real election. Governments are often hostile
to speech, but under our law and our tradition it seems
stranger than fiction for our Government to make this
political speech a crime. Yet this is the statute’s purpose