Lower Court Holding
Decision of the United States District Court for the District of Columbia
In McConnell v. Federal Election Commission (FEC) (2003), the Supreme Court upheld Section 203 on its face, rejecting claims that the financing of "electioneering communications" constituting express advocacy or its functional equivalent were within the protection of the First Amendment. McConnell did not, however, "purport to resolve future as-applied challenges." — FEC v. Wisconsin Right to Life, Inc. (WRTL) (2007). The Chief Justice’s opinion in WRTL stated that an advertisement could not be considered the functional equivalent of express advocacy unless it "is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific…
