Courthouse News Service: SCOTUS Upholds Electioneering-Disclosure Rules (In the News)

Courthouse News Service: SCOTUS Upholds Electioneering-Disclosure Rules

By Barbara Leonard

The U.S. Supreme Court issued no comment Monday in upholding federal disclosure provisions concerning subtle advertisements meant to steer an election.

Passed as part of the McCain-Feingold Act, also known as the Bipartisan Campaign Reform Act, the disclosure provisions at issue were designed for a more subtle brand of electioneering.

Though these ads do not expressly advocate for the election or defeat of a candidate, they have the same effect as a campaign ad because of their content and proximity to an election.

The law imposes disclosure requirements on any group that spends more than $10,000 for a television or radio ad merely mentions the name of a federal candidate within 60 days of a general or 30 days of a primary election.

After a group called the Independence Institute challenged the law, a three-person panel of federal judges in Washington ruled for the Federal Election Commission this past November.

Represented by the Center for Competitive Politics, the Independence Institute took their case directly to the U.S. Supreme Court.

The Center for Competitive Politics is now the Institute for Free Speech.