McConnell V. Federal Election Commission - Overturned Portions

Overturned Portions

On July 5, 2007, in Federal Election Commission v. Wisconsin Right to Life, Inc., the Supreme Court ruled that the organizations engaged in genuine discussion of issues were entitled to a broad, "as applied" exemption from the electioneering communications provisions of BCRA (those portions of BCRA that limited advertising that named a particular candidate by name within 30 days of a primary election and 60 days of a general election, if the ad was paid for by a corporation or union). Many observers argue that the exemption crafted by the Court effectively nullifies those provisions of the Act and overrules that portion of McConnell, but the full impact of Wisconsin Right to Life remains to be seen.

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