The Justice Dept. (DoJ) supported the Bipartisan Campaign Reform ...
The Justice Dept. (DoJ) supported the Bipartisan Campaign Reform Act(BCRA) act, including its requirements for broadcasters, in an amicus brief to the U.S. Supreme Court. The DoJ filed the supporting brief in the case of McConnell v. Federal Election…
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Commission (FEC), in which Sen. McConnell (R-Ky.) is challenging the campaign finance laws pushed by Sens. McCain (R-Ariz.) and Feingold (D-Wis.). Justice broadly defended the scope and limitations of the BCRA. “Limits on contributions are subject to relatively relaxed constitutional scrutiny,” the brief said. “In light of the national parties’ demonstrated ability to raise large sums of hard money, there is no meaningful danger that the soft-money ban will prevent effective advocacy.” The brief said all of the electioneering communications provisions in the BCRA were constitutional. “BCRA’s primary definition of ‘electioneering communications’ is not only clear and objective, but is supported by empirical evidence showing that advertisements that clearly identify federal candidates and are broadcast shortly before an election to the candidate’s own electorate are highly likely to influence electoral outcomes,” the brief said. “The objective factors identified by Congress in [BCRA] will pose little or no obstacle to entities that are interested in financing ‘genuine’ issue advertisements, but are carefully calibrated to capture so-called ’sham’ issue advertisements.” McConnell lacks standing to challenge the “lowest unit charged” provisions of the BCRA, the DoJ said. For one, his next election isn’t until 2008, but Justice said the provision is constitutional anyway. “The FCC has long required that the sponsor of every broadcast advertisement be identified in the advertisement itself,” the DoJ brief said: “BCRA simply provides for identification of the relevant sponsor in an especially clear and unmistakable manner.” It also said the BCRA could require stations to keep records of requests to purchase broadcast time for certain categories of political advertising.