Jacob Sullum asks: "Is the Supreme Court Ready to Overturn the 'Electioneering Communications' Ban?"
One decision,
issued just six years ago, upheld a provision of the 2002 Bipartisan
Campaign Reform Act (BCRA) that bans "electioneering communications,"
defined as messages sponsored by unions or corporations (including
nonprofit interest groups) that mention a candidate for federal office
and air close to an election. Since the Court already has narrowed
the reach of that provision, restricting it to "express advocacy or its
functional equivalent," it may now be prepared to overturn the ban
completely. The other decision
the court plans to re-examine, issued in 1990, upheld a Michigan ban on
the use of corporate funds to advocate for or against state candidates.
