[Forgiven_Sinner]

“The FEC faces a number of questions: Can these newly deregulated ads lobby individuals who do not yet hold federal office (e.g. “Call Mitt Romney and ask him to pledge not to raise taxes”)? What’s the line between an issue ad and an ad that calls on people to vote for or against a specific candidate? Do groups running issue ads have to disclose their donors to the FEC as if they were engaging in election-related activity? Clearly the Supreme Court was urging that the maximum latitude possible be given to groups engaged in grassroots lobbying — such as the American Civil Liberties Union, the National Rifle Association, pro-life groups, pro-abortion groups, and all of the myriad interests who might wish to speak in our political process.”

I’m glad the SC is in favor of “maximum latitude possible”. But this is not a controversial issue. The first amendment says the ads can say whatever we want.

[Jim Robinson]

"The FEC faces a number of questions: Can these newly deregulated ads lobby individuals who do not yet hold federal office (e.g. "Call Mitt Romney and ask him to pledge not to raise taxes")?"

Does a bear squat in the woods?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

[San Jacinto]

"A court should find that an ad is the functional equivalent of express advocacy only if the ad is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate."

The distinction is necessary because there is no first amendment right to advocate for the election or defeat of a particular candidate in the 60 days before an election. Under the first amendment, you can only advocate that a candidate should be for or against a particular proposition or issue (although most believers in CFR do not recoginize this right either). Under the first amendment, only newspapers and TV networks can express opinions regarding the merits of candidates in the election run-up.

[The Bat Lady]

A restoration of the First Amendment will require the repeal of most of our existing campaign-finance laws.

So be it! And the sooner the better!