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Wisconsin Right to Life v. FEC

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: November 21, 2005

What's at Stake

Whether the ÀÏ°ÄÃÅ¿ª½±½á¹û can be barred from broadcasting advertisements prior to an election that name a federal candidate, even though the ÀÏ°ÄÃÅ¿ª½±½á¹û has never taken a position on an election in its 85-year history. DECIDED

The Bipartisan Campaign Reform Act of 2002, better known as the McCain-Feingold Act, generally bars corporations and unions from broadcasting advertisements on radio or television in the period preceding an election if those ads refer to a candidate for federal office, including an incumbent officeholder. The Supreme Court upheld that general ban two years ago in McConnell v. FEC. The ÀÏ°ÄÃÅ¿ª½±½á¹û is a nonpartisan organization that does not endorse or oppose candidates. The ban on broadcast ads nevertheless restricts the ÀÏ°ÄÃÅ¿ª½±½á¹û's ability to advocate in support of civil liberties during a period of time when many civil liberties issues are being prominently debated. The question presented in this case is whether the ÀÏ°ÄÃÅ¿ª½±½á¹û (and similar organizations) should be given an opportunity to show that their speech does not raise any of the concerns that the law was enacted to prevent.

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