Andrea Joy Campbell: “The phraseology in Shays-Meehan refers to the words, the phrases, the slogan, that in context can have no reasonable…”

“The phraseology in Shays-Meehan refers to the words, the phrases, the slogan, that in context can have no reasonable meaning other than to urge the election or defeat of one or more clearly identified candidates. The example we have before us does not give any statement regarding whether it is a good position or a bad position to be in support or in opposition to any of the listed subject matters. Accordingly, it passes the test under Shays-Meehan. More fundamentally, the language that the gentleman from California would put in instead of the narrowly tailored voter guide exception of Shays-Meehan says that any communication that makes a comment on any position on an issue, even by a single candidate, qualifies as a voter guide. It does not have to refer to a voting record, it can refer only to a position taken, and he extends it to the phrase 'commentary.' Accordingly it is a Mack truck kind of exception. Virtually anything could be called a 'voter guide.'”