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Official - Subject to Final Review
IN THE SUPREME COURT OF THE UNITED STATES- - - - - - - - - - - - - - - - - xCITIZENS UNITED, :Petitioner :v. : No. 08-205FEDERAL ELECTION :COMMISSION. :- - - - - - - - - - - - - - - - - xWashington, D.C.Tuesday, March 24, 2009The above-entitled matter came on for oralargument before the Supreme Court of the United Statesat 10:09 a.m.APPEARANCES:THEODORE B. OLSON, ESQ., Washington, D.C; on behalf ofthe Petitioner.MALCOLM L. STEWART, ESQ., Deputy Solicitor General,Department of Justice, Washington, D.C.; onbehalf of the Respondent.1
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Official - Subject to Final Review
C O N T E N T S
ORAL ARGUMENT OF PAGETHEODORE B. OLSON, ESQ.On behalf of the Petitioner 3
MALCOLM L. STEWART, ESQ.
On behalf of the Respondent 24
REBUTTAL ARGUMENT OF
THEODORE B. OLSON, ESQ.
On behalf of the Petitioner 53
2
Alderson Reporting Company
 
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Official - Subject to Final Review
P R O C E E D I N G S(10:09 a.m.)CHIEF JUSTICE ROBERTS: We will hearargument today in Case 08-205, Citizens United v. TheFederal Election Commission.Mr. Olson.ORAL ARGUMENT OF THEODORE B. OLSONON BEHALF OF THE PETITIONERMR. OLSON: Mr. Chief Justice, and may itplease the Court:Participation in the political process isthe First Amendment's most fundamental guarantee. Yetthat freedom is being smothered by one of the mostcomplicated, expensive, and incomprehensible regulatoryregimes ever invented by the administrative state.In the case that you consider today, it is afelony for a small, nonprofit corporation to offerinterested viewers a 90-minute political documentaryabout a candidate for the nation's highest office, thatGeneral Electric, National Public Radio, or George Sorosmay freely broadcast. Its film may be shown intheaters, sold on DVDs, transmitted for downloading onthe Internet, and its message may be distributed in theform of a book. But its producers face 5 years inprison if they offer it in the home through the vehicle3
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