Russ Feingold: “Now, in all of those cases the Federal Election Commission was trying to snuff out issue advocacy. It was rebuffed in…”

“Now, in all of those cases the Federal Election Commission was trying to snuff out issue advocacy. It was rebuffed in all of those cases and, in the case of FEC versus the Christian Action Network, in the fourth circuit, the court was so angry at the FEC for continuing to pursue these citizens groups that it ordered the FEC to pay the legal fees of the citizen group which had been harassed by the FEC. Mr. President, there may be some things that are in a gray area in this debate, but issue advocacy is not. The court has been very, very clear, since Buckley, that it is impermissible for the Congress to shut these people up when they seek to criticize us. An effort to say that in proximity to the election they can't criticize us would be an exercise in futility. I mean, these citizens have a right to band together. We don't like it. I stipulate that I have been subjected, shall I say, to these issue advocacy campaigns myself. I don't like it. I would rather not be criticized. But, as a practical matter, the courts are not going to allow us to shut these people up just because we find what they say about us offensive.”