MCCONNELL v. FEDERAL ELECTION COMMISSION

Legal Principle at Issue

Whether prohibiting national party committees from raising or spending unregulated "soft money" (donations not subject to federal limits) and banning federal candidates from soliciting such funds violated the First Amendment. Whether restricting unions and corporations from using their treasury funds for broadcast advertisements that refer to a clearly identified federal candidate within 30 days of a primary or 60 days of a general election violated free speech rights.

Action

Affirmed and reversed (or vacated) in part. Petitioning party received a favorable disposition.

Facts/Syllabus

The Bipartisan Campaign Reform Act of 2002 (BCRA), or McCain-Feingold Act, required that certain communications "authorized" by a candidate or their political committee clearly identify the candidate or committee or, if not so authorized, identify the payor and announce the lack of authorization. Section 311 of the BCRA makes several amendments, among them the expansion of this identification regime to include disbursements for "electioneering communications." Plaintiff Sen. Mitch McConnell and the Chamber of Commerce challenge Section 311 of the BCRA by simply noting that it, along with all of the "electioneering communications" provisions of BCRA, is unconstitutional.