Bauer Piles On

In this post, I criticized the FEC for issuing an “Advisory” Opinion that offers no advice: the FEC just could not agree on whether the second of two ads under discussion was entitled to an exemption from certain campaign finance rules on constitutional grounds. Bob adds the following salient point which I was remiss in not making: ” This decision is without a doubt remarkable, in part for the reason that Hasen notes. Not to be overlooked is another reason: for neither this ad, nor for another it ruled on, does the Commission offer any explanation for its conclusion.”
The FEC must do better, even if it means that commissioners issue their own separate explanations as to the basis for their votes.

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