What Citizens United held
January 21, 2010. 5-4. Corporations and unions have a First Amendment right to spend unlimited money on political advertising, as long as they don't coordinate with campaigns.
The ruling rested on two assumptions. First, that spending would be fully transparent. Second, that it would be truly independent of candidates. Neither held true.
- $4.5B
- outside spending in 2024
- $1.9B
- dark money (undisclosed)
- 163x
- billionaire spending increase
- 0.02%
- of donors gave 73% of super PAC $
"A democracy cannot function effectively when its constituent members believe laws are being bought and sold."
Justice John Paul Stevens, dissent in Citizens United v. FEC (2010)
Where "money is speech" comes from
Not from Citizens United. From Buckley v. Valeo (1976). That case drew the line: direct contributions can be limited, but independent spending gets First Amendment protection.
Citizens United extended it to corporations. McCutcheon v. FEC (2014) struck down aggregate contribution limits. Each decision widened who could spend, how much, and with less disclosure.
How super PACs work
Traditional PACs: $5,000 per candidate per election. Super PACs: unlimited. The only rule: no coordination with campaigns. The FEC has never brought an enforcement action for illegal coordination.
| Program | Amount |
|---|---|
| 2008 | $0.574 |
| 2010 | $0.3 |
| 2012 | $1.3 |
| 2016 | $1.7 |
| 2020 | $3.3 |
| 2024 | $4.5 |
Billions. 2008 was the last pre-Citizens United presidential cycle. Source: OpenSecrets.
Dark money
Political spending where the source is hidden. Flows through 501(c)(4) "social welfare" organizations that can spend on politics without disclosing donors. The IRS does not enforce the rules.
Dark Money Growth
| Year | Dark money | Context |
|---|---|---|
| 2006 | Less than $5M | Pre-Citizens United |
| 2012 | $310M | First presidential cycle post-ruling |
| 2020 | $1B | First time exceeding $1 billion |
| 2024 | $1.9B (record) | $1.3B funneled through shell companies to super PACs |
Justice Kennedy wrote in the Citizens United majority: "With the advent of the Internet, prompt disclosure can provide citizens with information needed to hold corporations accountable." Fifteen years later, $1.9 billion flowed through channels designed to prevent exactly that.
"Starting today, corporations with large war chests to deploy on electioneering may find democratically elected bodies becoming much more attuned to their interests. The opinions of real people may be marginalized."
Justice John Paul Stevens, Citizens United dissent (2010)
Who pays & who benefits
The 0.02%
The top 100 super PAC donors gave 73% of all super PAC money. They are 0.02% of all individual donors. Billionaire spending increased 163 times since 2010. Over 80% flows through channels prohibited before Citizens United.
| Program | Amount |
|---|---|
| Elon Musk | $277 |
| Miriam Adelson | $100 |
| Top 10 Trump donors | $481 |
| All other donors | $613 |
Millions. The top 10 donors gave 44% of Trump's outside support. Source: Brennan Center.
The $57 million state court race
In 2025, outside spending on a single Wisconsin Supreme Court seat reached $57 million. State supreme courts decide redistricting and voting rights. $57 million to determine who draws maps for a decade is a bargain for the spenders.
Members of Congress spend 30-70% of their time fundraising. The donors they call are the ones writing five- and six-figure checks.
How other democracies handle this
The United States is the only peer democracy with no limits on independent political expenditures.
Campaign Finance: U.S. vs. Peer Democracies
| Country | Spending limits | Corporate spending |
|---|---|---|
| United Kingdom | ~$39K per candidate per constituency | Permitted with limits |
| Canada | ~$0.74 per voter per district | Banned since 2006 |
| France | Caps + public reimbursement | Banned |
| Brazil | Mandatory limits | Banned since 2015 |
| United States | No limits on independent expenditures | Unlimited since 2010 |
A single American billionaire can spend more on one election than the entire campaign budget of a Canadian federal election.
What you can do
- Support state-level disclosure laws. Alaska, Arizona, and Washington passed effective donor disclosure. Brennan Center and Issue One track state reforms.
- Push for the DISCLOSE Act. S. 3991 would require disclosure of expenditures over $10,000 within 24 hours. Introduced every Congress since 2010. Never passed.
- Support a constitutional amendment. 22 states + D.C. passed resolutions. 800+ municipalities. Free Speech for People and Public Citizen organize campaigns.
- Read our dark money brief and the Ethics and Corruption hub.
Primary Sources
- Brennan Center: Citizens United Explained
- OpenSecrets: Outside Spending by Cycle
- Roosevelt Institute: 15 Years Later
- Brennan Center: $1.9B Dark Money Record
- Campaign Legal Center: CU in 2026
Last updated May 29, 2026