Court clips campaign-finance law
In a 5-to-4 ruling, the Supreme Court justices say Wisconsin issue ads did not violate McCain-Feingold act.
from the June 26, 2007 edition
Page 3 of 3
The FEC disagreed. Such an ad might influence Senator Feingold’s reelection bid by persuading voters that he was unworthy of being reelected. The Wisconsin group was no supporter of Feingold and the intent of the ad appeared to be aimed at hastening his political defeat, the FEC concluded.
The case highlights the murky middle ground between so-called genuine issue ads and “sham” issue ads that are designed to bypass campaign finance restrictions.
After passage of BCRA in 2002, the question of how precisely the law would be enforced was left to the FEC. The agency adopted a broad set of rules that ban most non-PAC ads during election season.
Wisconsin Right to Life challenged the ban in federal court. After several rounds of litigation, a three-judge panel ruled that the issue-ad portion of BCRA was unconstitutional as it had been applied to the group’s ads.
In upholding that ruling, the high court said Wisconsin Right to Life’s ads were neither direct political advocacy or the functional equivalent. The majority justices said the government had identified no reason compelling enough to justify blocking the group’s ads.
“When it comes to defining what speech qualifies as the functional equivalent of express advocacy subject to such a ban ...
we give the benefit of the doubt to speech, not censorship,” Chief Justice Roberts wrote. “The First Amendment’s command that
‘Congress shall make no law ... abridging the freedom of speech’ demands at least that.”
Issue ad or campaign attack?
The Federal Election Commission barred this 2004 radio spot from airing in Wisconsin, calling it a "sham" issue ad aimed at defeating the reelection bid of Sen. Russ Feingold (D) of Wisconsin. Wisconsin Right to Life, which sought to run the ad, said it was part of a lobbying effort urging senators to oppose filibusters. The Supreme Court Monday sided with the right-to-life group:
PASTOR: And who gives this woman to be married to this man?
BRIDE'S FATHER: Well, as father of the bride, I certainly could. But instead, I'd like to share a few tips on how to properly install drywall. Now you put the drywall up...
VOICEOVER: Sometimes it's just not fair to delay an important decision. But in Washington it's happening. A group of senators is using the filibuster delay tactic to block federal judicial nominees from a simple "yes" or "no" vote. So qualified candidates don't get a chance to serve. It's politics at work, causing gridlock and backing up some of our courts to a state of emergency. Contact Senators Feingold and Kohl and tell them to oppose the filibuster. Visit: BeFair.org.
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