Number: RS22687
Title: The Constitutionality of Regulating Political Advertisements: An Analysis of Federal Election Commission v. Wisconsin Right to Life, Inc.
Authors: L. Paige Whitaker, American Law Division 
Abstract: On June 25, 2007, in a 5-4 decision, the Supreme Court in Wisconsin Right to Life, Inc. v. FEC (WRTL II) affirmed a lower court ruling, finding that a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), prohibiting corporate or labor union treasury funds from being spent on advertisements broadcast within 30 days of a primary or 60 days of a general election, was unconstitutional as applied to ads that Wisconsin Right to Life, Inc. sought to run. While not expressly overruling its 2003 ruling in McConnell v. FEC, which upheld the BCRA provision against a First Amendment facial challenge, the Court limited the law's application. Specifically, it ruled that advertisements that may reasonably be interpreted as something other than as an appeal to vote for or against a specific candidate are not the functional equivalent of express advocacy and, therefore, cannot be regulated.
Pages: 6
Date: July 5, 2007