Congressional Digest

Supreme Court Debates May 2009 No. 5 Vol. 12
Federal Election Commission (FEC)

Electioneering Communications

FEC Regulation of Political Documentaries During Campaign Season

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Federal Election Commission (FEC)

Appellee

Edwin S. Kneedler, Acting Solicitor General Since 1907, Federal law has restricted corporations from using their general treasury funds to influence Federal elections. And since 2004, that prohibition has included the use of corporate funds for "electioneering communications." There are two exceptions, however. A corporation may establish a political action committee (PAC) to finance those disbursements, and small, ideologically oriented corporations may use their treasury funds for express advocacy. But in order to qualify for those exceptions, the organization must file disclosure information with the Federal Election Commission (FEC) and include written and oral disclaimers on any television electioneering. In…

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