Today’s decision in F.E.C. v. Wisconsin Right To Life reopens a
significant loophole that allows corporations to sidestep campaign finance rules
that were meant to curb corruption and level the playing field for all who
engage in political campaigns.
Under the guise of so-called “issue
advertising,” corporations had long been able to skirt the ban on their direct
involvement in elections. The McCain – Feingold law of 2002 closed that
loophole by stating that advertising that mentions a candidate’s name within 60
days of a general election and 30 days of a primary election was presumed to be
electioneering and therefore had to be paid for by funds raised under the rules
established for everyone. The law created a clear bright-line test for
campaigns to follow.
Today’s decision invites backdoor corporate
involvement in campaigns and muddies the waters in ways that will likely lead to
additional lawsuits.
The Court’s decision is unfortunate for both its
potential impact and timing. As congressional scandals continue to unfold and
public confidence in elected officials remains at historic lows, it adds insult
to injury to step back from the very laws created to counter corruption and
special interest influence.
The decision does not affect the ban on soft
money contributions to political parties.
