Electioneering vs. free speech

Judiciary | Uneasy allies join to battle campaign-finance reform restrictions in high court | Becky Perry

With the 2008 primary season a mere eight months away, fundraising for the next presidential election has already netted tens of millions—but the rules of the campaign-finance game are about to change.

On the final day of oral arguments for the term, the Supreme Court heard the latest legal challenge to the McCain-Feingold campaign-finance act, and a majority of the Court signaled discomfort with a key provision of the legislation: an election blackout on political issue ads.

Under the "McCain-Feingold" Bipartisan Campaign Reform Act of 2002 (BCRA)—which passed Congress to much fanfare about unregulated "soft money" contributions—organizations cannot broadcast political issue ads 30 days before a primary or 60 days before a general election. So when Wisconsin Right to Life (WRTL) started airing television and radio ads over the Democratic-led filibuster of nominees to the federal judiciary in July 2004, the Federal Election Commission intervened.