Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
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Description
Issue advocacy communications have become increasingly popular over the federal election cycles. Often these advertisements could be interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has ruled that issue ads are constitutionally protected First Amendment speech and cannot be regulated.
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Description
Issue advocacy communications have become increasingly popular over the federal election cycles. Often these advertisements could be interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has ruled that issue ads are constitutionally protected First Amendment speech and cannot be regulated.
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Congressional Research Service Reports
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Whitaker, L. Paige.Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy,
report,
May 15, 1998;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metacrs626/:
accessed February 10, 2025),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.