Jim Bopp’s Next Step: Challenging McCain-Feingold’s Disclosure Provisions for Issue Ads

Via email comes news of a press conference about a new lawsuit:

    On Thursday, December 13 at 11:00 a.m. EST, Citizens United will file a challenge to the 2002 Bipartisan Campaign Reform Act. Citizens United has retained James Bopp Jr., the Indiana attorney who successfully argued the Federal Election Commission vs. Wisconsin Right to Life, challenging the constitutionality of a campaign finance law that limits certain broadcast ads, including grassroots lobbying, during federal campaigns
    As it prepares to release its hard-hitting political documentary, Hillary: The Movie, Citizens United is challenging the current FEC laws that requires issue ads to include a disclaimer and groups running issue ads to file a report on their contributors, arguing the ads for the film are commercial ads, not political ads that can be regulated by federal campaign finance laws. A ruling in favor of Citizens United could deal a blow to the McCain-Feingold law, which Congress passed in 2002 to regulate the participation of advocacy groups and political parties in our political process.

I am not surprised (and indeed have predicted) that Jim Bopp would bring further litigation to build on his campaign finance gains before the new Roberts Court. But as I write here (in Part III), of the many attacks Bopp can and will bring, one challenging disclosure provisions in candidate elections has the least chance of success.

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