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Federal Election Commission v. Wisconsin Right to Life

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: March 22, 2007

What's at Stake

Considering how groups, like the ÀÏ°ÄÃÅ¿ª½±½á¹û, can establish a First Amendment right to broadcast "genuine" issue ads in the period preceding an election despite a federal law ban on any broadcast ad that names a candidate for office regardless of the ads purpose or effect. DECIDED

In 2002, Congress adopted a campaign finance law that, among other things, barred even nonprofit corporations like the ÀÏ°ÄÃÅ¿ª½±½á¹û from broadcasting any ad that named a federal candidate 30 days before a primary election or 60 days prior to a general election. The facial validity of that prohibition was upheld by the Supreme Court four years ago. The question now before the Court is how groups, like the ÀÏ°ÄÃÅ¿ª½±½á¹û, can establish a First Amendment right to broadcast "genuine" issue ads despite the law's otherwise absolute prohibition. Without a meaningful First Amendment exception, the ÀÏ°ÄÃÅ¿ª½±½á¹û could not even broadcast an ad in the pre-election period asking people to urge their representatives to restore the right to habeas corpus that Congress eliminated in the Military Commissions Act, passed last fall.

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