4.09.2007
Wholly Constitutional Questions, Batman!
This might get interesting:On April 25, the Supreme Court will be hearing argument on FEC v. Wisconsin Right to Life, a case which questions the constitutionality of a provision of the McCain-Feingold laws regarding "sham issue advertising"
[...]
McCain-Feingold prohibits corporations, labor unions, and national banks from using their general treasury funds to pay for any "electioneering communication." What's that? "A communication that refers to a candidate for federal office and is broadcast within the 30 days before a federal primary election or the 60 days before a federal general election ... in which that candidate is running."
But what about communications that aren't intended to affect elections? If the First Amendment protects a group's right to speak out about issues of public concern (other than on elections and candidates qua candidates), and said issues occur near election-time, we've got a conflict.Labels: campaign, law, politics
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