The Supreme Court has failed to decide on whether a documentary a nonprofit group wanted to broadcast about Hillary Rodham Clinton during the 2008 presidential race should have been regulated as if it were a campaign ad, the Associated Press reports.

The court said Monday it will hear arguments in the case again in a special session on September 9.

Citizens United, a conservative not-for-profit group, wanted to air ads for the movie in Democratic primary states and also make the film available to cable subscribers on demand without complying with federal campaign finance law.