Latest Challenge to McCain-Feingold
by Amanda Adams*, 1/16/2008
Last year the Supreme Court ruled that genuine issue ads could not be prohibited during the periods before a federal election, but the Federal Election Commission (FEC) maintained that such ads must still contain a political disclaimer and be the subject of FEC reporting requirements which disclose the contributors to the group running the ads. An organization Citizens United challenged these disclosure provisions, arguing that since the ads are genuine issue ads, they cannot be subject to any regulation. In response, the D.C. district court decided that only the Supreme Court could decide whether the ads should still be subject to the disclosure provisions. The district court also ruled that the ads Citizens United wanted to air publicizing its documentary Hillary: The Movie, constitute as "electioneering communications."
"The Movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her."
Now, Citizens United has appealed this ruling to the United States Supreme.
While yes, issue ads should not be subject to disclosure requirements and should be challenged, however, this was the wrong forum to do so since the film does not address legislative issues.
Read the story in the LA Times here.
