Why did Citizens United want to make Hillary: The Movie available through video on demand?
Citizens United sought to make the documentary Hillary: The Movie available through video-on-demand services to cable television subscribers to reach a broad audience during the 2008 presidential election cycle. Specifically, the organization intended to distribute the film and air three promotional television commercials within the 30-day window preceding the Democratic primary elections.1
The film was highly critical of Hillary Rodham Clinton, who was a candidate for the party's nomination at the time. Citizens United aimed to release this content despite federal regulations—specifically the Bipartisan Campaign Reform Act (BCRA)—that restricted corporations from using general treasury funds for "electioneering communications" shortly before an election. The organization challenged these restrictions, arguing that the film did not constitute express advocacy or its functional equivalent and that the application of the law to their documentary was unconstitutional.1