FEC v. Wisconsin Right to Life, Inc.
| Federal Election Commission v. Wisconsin Right to Life, Inc. | |
|---|---|
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| Argued April 25, 2007 Decided June 25, 2007 |
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| Full case name | Federal Election Commission v. Wisconsin Right to Life, Inc. |
| Docket nos. | 06-969 |
| Citations | 551 U.S. 449 (more) |
| Prior history | Injunction denied, No. 04-1260, 2004 U.S. Dist. LEXIS 29036 (D.D.C. Aug. 17, 2004); injunction denied, appeal dismissed, No. 04-1260, 2004 U.S. App. LEXIS 18795, (D.D.C. Sept. 1, 2004); injunction denied, 542 U.S. 1305 (2004) (Rehnquist, C.J.); dismissed, No. 04-1260, 2005 U.S. Dist. LEXIS 17226 (D.D.C. May 9, 2005); probable jurisdiction noted, 126 S. Ct. 36 (2005); vacated and remanded, 546 U.S. 410 (2006); summary judgment granted, 466 F. Supp. 2d, at 202; cert. granted |
| Holding | |
| The Bipartisan Campaign Reform Act's restriction on issue ads in the months preceding elections is constitutional only with respect to ads expressly advocating the election or defeat of a candidate. | |
| Court membership | |
| Case opinions | |
| Majority | Roberts (parts I, II), joined by Scalia, Kennedy, Thomas, Alito |
| Concurrence | Roberts (parts III, IV), joined by Alito |
| Concurrence | Alito |
| Concurrence | Scalia, joined by Kennedy, Thomas |
| Dissent | Souter, joined by Stevens, Ginsburg, Breyer |
| Laws applied | |
| U.S. Const. amend. I | |
Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007), is a United States Supreme Court case in which the Court held that issue ads may not be banned from the months preceding a primary or general election.
In 2002, the Congress passed the Bipartisan Campaign Reform Act ("McCain-Feingold" or "BCRA"), amending the Federal Election Campaign Act to further regulate money in public election campaigns. One primary purpose of the legislation was to regulate what were colloquially known as "issue ads." "Issue ads" typically discussed a candidate name with regards to a particular issue, but because they did not expressly advocate the election or defeat of a candidate, they fell outside the prohibitions and limitations of the Federal Election Campaign Act. Section 203 of BCRA prohibited corporations and unions from directly or indirectly funding "electioneering communications," defined as broadcast ads costing in excess of an aggregated $10,000 that mentioned a candidate for federal political office within 30 days of a primary election or 60 days of a general election. In McConnell v. Federal Election Commission, the Supreme Court upheld section 203 and other sections of the Bipartisan Campaign Reform Act against a facial challenge that the law was unconstitutional.
Wisconsin Right to Life Inc. ("WRTL"), a nonprofit advocacy group, sought to run ads asking voters to contact their Senators and urge them to oppose filibusters of judicial nominees. (The text of one of WRTL's proposed ads is listed at the conclusion of this article). WRTL sought to run its ads within the 30- and 60-day blackout provisions of BCRA. However, because WRTL was itself incorporated and also because it accepted corporate contributions, it was prohibited from doing so. WRTL argued that the proposed ads addressed a current issue pending in Congress and did not advocate the election or defeat of a candidate. As such, the government had no compelling interest in prohibiting them from airing even during the election session.
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