Citizens United, now represented by former Solicitor General Ted Olson, has filed a brief with the Supreme Court that harshly confronts the electioneering communications rules. Citizens United went to court challenging these federal rules as applied to its film entitled Hillary: The Movie and its ads promoting the film. The law prohibits corporations and nonprofits from airing broadcast ads which refer to a federal candidate 30 days before a primary election; Citizens United is a 501(c)(4). The Court will review in late Feb. or early March a decision of the U.S. District Court for the District of Columbia in Citizens United v. Federal Election Commission (FEC) which upheld disclosure requirements.

Olson makes the strong assertion that the film is not the equivalent of express advocacy, but "a rigorously researched critical biography designed to 'convey [ ] information and educate[ ]' viewers about a presidential candidate," similar to other biographies. And the reference to a candidacy is not enough to conclude that it's an electioneering communication.

Now, in preparation for the case some organizations have filed amicus briefs. For example, the Center for Competitive Politics, CATO, the Reporters Committee for Freedom of the Press, and the Institute of Justice.