Soft Money case resolved by Supreme Court – McCain-Feingold law gutted
Readers will know I have been covering progress of the Wisconsin Right to Life case, which challenges the portion of the McCain-Feingold campaign reform law that bans late election issue advocacy communications that mention a candidate’s name, but do not contain words of express advocacy of election/defeat of a candidate. The Supreme Court today decided the case in favor of the First Amendment rights of Wisconsin Right to Life, an Internal Revenue CodeSection 501(c)(4) advocacy organization. This is a big win for issue advocacy speech in an election context and couldchange the way issues are addressed in an election context — it means nonprofit advocacy groups funded by unions and corporations will not be afraid to speak out during election periods on the records of legislators and candidates, as long as their underlyingintent is to address their issue, and not the election itself. The court, in a 5-4 vote, upheld an appeals court ruling thatthe anti-abortion group should have been allowed to air ads during the final two months before the 2004 elections. The ads asked voters to contact the state’s two senators, Democrats… Read More