The Court said in the Buckley case, in laying out the terms for express advocacy, which is the category directly in support of a candidate, which is in the category of FEC money, so-called hard money--they were defining express advocacy, and by definition pointing out that "it would naively underestimate the ingenuity and the resourcefulness of persons and groups to believe that they would have much difficulty devising expenditures that skirted the restrictions on express advocacy of election or defeat, but nevertheless benefited the candidate's campaign." Just one other quote from that same Buckley case: "The distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application." That was the Supreme Court 22 years ago. "Candidates, especially incumbents, are intimately tied to public issues involving legislative proposals and governmental actions. Not only do candidates campaign on the basis of their positions on various public issues, but campaigns themselves generate issues of public interest."
Editor's note · Context
Discussing the implications of the Supreme Court's decision in Buckley v. Valeo regarding issue advocacy.
Share
More from T. Gorton
I was glad to see this pilot program recommended in the TPA report I have recently received from the BIA. We required this report in last year's appropriations bill. I have also noted that Nambe Pueblo has gone through a long process of…
Americans have acquired far greater choice today after the implementation of those fuel efficiency standards than they had previously. The interesting part of the ad, which was just handed to me--I had not previously seen it--says: Say yes…
this is another example of Members of the Senate attempting to say they know much more about a particular business than do the people who run that business and depend upon customer satisfaction in order to run it profitably. Fortunately…
The Committee would be concerned should the language of the final management plan diminish the ability of the State of Utah to manage wildlife damage prevention within the Monument. If this is the case, I would hope BLM would consult with…





