Electioneering Communications
FEC Regulation of Political Documentaries During Campaign Season
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Congress
passed the Bipartisan Campaign Reform Act (BCRA) in 2002 to stem the
flow of money into elections for Federal office, which was deemed to be
corrupting to the process and, potentially, to the officeholder elected
in part with those dollars.
The law included a prohibition
on corporate or union funds being spent on radio or television
advertisements that mention a candidate for Federal office within 30
days of a primary election and within 60 days of a general election.
In
addition, any corporation or union that spent more than $10,000 a year
on such advertisements would be required to disclose the names o…
In This Issue
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Foreword
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Corporate Expenditures on Political Speech
Overview of Supreme Court Precedent
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Lower Court Holding
Decision of the United States District Court for the District of Columbia
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Before the Court
The Justices Weigh in During Oral Arguments
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Pro & Con
Does the Prohibition on Corporate Electioneering Communications in the Bipartisan Campaign Reform Act Apply to Documentary Films Available Through Video-on-Demand?
Pro
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Federal Election Commission (FEC)
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Senator John McCain (AZ-R), Senator Russell Feingold (WI-D), former Representative Christopher Shays (CT-R), and former Representative Martin Meehan (MA-D)
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Center for Political Accountability (CPA) and the Carol and Lawrence Zicklin Center for Business Ethics Research
