Citizens United Instant Analysis: Application of Contribution Limits to Foreign Individuals

January 21st, 2010

Yet another pretty piece of dictum, that I think, will set the stage for a future constitutional challenge,on the application of BCRA to foreign individuals.  Really looking forward to that case.

We need not reach the question whether the Govern-ment has a compelling interest in preventing foreign individuals or associations from influencing our Nation’spolitical process. Cf. 2 U. S. C. §441e (contribution and expenditure ban applied to “foreign national[s]”). Section 441b is not limited to corporations or associations that were created in foreign countries or funded predominatelyby foreign shareholders. Section 441b therefore would be overbroad even if we assumed, arguendo, that the Gov-ernment has a compelling interest in limiting foreigninfluence over our political process. See Broadrick, 413
U. S., at 615.