Citizens United and Political Accountability

Abstract This chapter examines the role that Citizens United v. FEC (2010) has played in shaping the current system of election spending in the United States. In Citizens United, the Court determined that individual rights to speech and expression can flow into the corporate entities they join. This chapter argues that the Court’s holding serves to redirect the focus of accountability away from those who seek to sway election outcomes through massive election spending and toward any efforts by government to regulate that type of spending. The practical result has been to allow for the creation of new organizations that can take in unlimited amounts of money while also effectively hiding the source of funds from disclosure. By muddying the waters of disclosure, these new entities – Super PACs and dark money organizations – lower the ability of citizens to maintain accountability over the electoral system. Finally, this chapter examines ways to encourage greater disclosure and accountability in government after Citizens United.