Supreme Court Campaign Finance Decision May Impact NAPH Members - February 2, 2010

In its recent Citizens United v. FEC decision, the Supreme Court overturned the federal ban on independent campaign spending by corporations. The decision specifically permits independent campaign spending by for-profit and non-profit corporations, as well as labor unions. Importantly, however, the decision leaves intact the prohibition on direct contributions to candidates by corporations or labor unions. NAPH members should keep in mind that non-profit and public entities may continue to be subject to other limitations on their election activities, such as limitations imposed by the Internal Revenue Code on 501(c)(3) organizations and limitations resulting from an entity's public status. NAPH's counsel Ropes & Gray has prepared a summary of the Court's decision.