Tuesday, February 26, 2013

Jour 430

Quiz next tues! March 5.

FEC v. Citizens United


2002 Bipartisan Campaign Reform Act (aka McCain-Feingold Campaign Finance Law)
BCRA

lower rates - clear that you approve the message/campaign

Electioneering communication - broadcast, cable, or satellite communication referring to a clearly identified candidate for federal office made within 30 days of primary or 60 days of a general election

McCain-Feingold aimed to close the loophole that would allow a third party candidate support.
 - tried to require a corporation to create a PAC (political action committee)
 - tried to avoid general funds

Plaintiffs went against BCRA - legislation was unconstitutional (first amendment rights)
Justices were conflicted about decision

FEC v. WI Right to Life

WI Right to Life - broadcasted ads telling voters to contact Wisconsin Senators
FEC barred the ads, was sued by WRTL

Question for SCOTUS : Were these ads electioneering communication?
WIRTL said it was unconstitutional as applied.

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