Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
06-969
Term
2006 Term
Oral Argument Date
April 25, 2007
Questions Presented
Whether the three-judge district court erred in holding that the federal statutory prohibition on a corporation’s use of general treasury funds to finance “electioneering communications” is unconstitutional as applied to three broadcast advertisements that appellee proposed to run in 2004.
Case Updates
Supreme Court clarifies grassroots lobbying and the Bipartisan Campaign Reform Act
June 25, 2007
As urged by NCLC, the Supreme Court provided clear guidance that grassroots lobbying activity is constitutionally protected from prosecution under BCRA.
U.S. Chamber files amicus brief
March 23, 2007
NCLC urged the Supreme Court to issue clear guidance as it considers whether grassroots lobbying activity should be constitutionally protected from prosecution under the Bipartisan Campaign Reform Act (BCRA). In this case, Wisconsin Right to Life, Inc. planned to run a series of ads urging Wisconsin viewers to contact their senators to oppose judicial filibusters. However, one of the senators, Senator Russ Feingold, was up for reelection so the electioneering blackout periods of BCRA applied, which bans corporate speech on television or radio 30 days before a primary election and 60 days before a general election. In its brief, NCLC argued that the court should fashion a test protecting such grassroots lobbying but should take care not to adopt a test which leaves speakers uncertain whether the First Amendment protects their speech or not.