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Dead Constitution See other Dead Constitution Articles Title: Supreme Court Weakens Campaign Finance Law; Corporate, Union-Funded Ads Allowed Near Election Day June 25, 2007 — Reigniting the debate over campaign finance regulation, the U.S. Supreme Court struck down a part of the 2002 Bipartisan Campaign Reform Act Monday. That legislation, also known as the McCain-Feingold law, restricts corporations and labor unions from broadcasting ads at election time using general funds. Proponents of campaign finance reform fear Monday's ruling will create a major loophole in the legislation and cause an influx of "sham issue" ads that McCain-Feingold was created in part to combat. Barbara Lyons, executive director of Wisconsin Right to Life, had hoped the court would "define a standard that would differentiate between genuine grassroot lobbying ads" and those ads which some believe are thinly guised election ads. Because Feingold was seeking re-election at the time and the ads mentioned him by name a month before his primary, opponents of the ads charged that they would be in violation of the McCain-Feingold legislation that prohibits "electioneering communication" 30 days before a federal primary election or 60 days before a federal general election. Wisconsin Right to Life argued the ads were not in violation of the law because they never made mention of the upcoming election and were the product of the group's First Amendment rights to petition the government. In 2003 the Supreme Court largely upheld the legislation, but that ruling came before Chief Justice John Roberts and Associate Justice Samuel Alito joined the court. These most recent cases came back to the high court because the justices on the bench in 2003 ruled that cases regarding specific ads could be appealed individually. Proponents of campaign finance reform worry that even though this particular case is specific to the ads run in Wisconsin, an adverse ruling could create a major loophole and bring back sham issue ads that campaign finance reform legislation was created to combat. Prior to the legislation, groups that avoided "express advocacy" could use corporate or union treasury funds to pay for campaign finance ads. Millions of dollars were spent on sham ads.
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#1. To: Brian S (#0)
"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)
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