[20020315]98-282A_竞选资金改革：对问题和明示辩护的法律分析.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code 98-282 AUpdated March 15, 2002Campaign Finance Reform: A Legal Analysisof Issue and Express AdvocacyL. Paige WhitakerLegislative AttorneyAmerican Law DivisionSummaryIssue advocacy communications have become increasingly popular in recent federalelection cycles. These advertisements are often interpreted to favor or disfavor certaincandidates, while also serving to inform the public about a policy issue. However, unlikecommunications that expressly advocate the election or defeat of a clearly identifiedcandidate, the Supreme Court has determined that issue ads are constitutionallyprotected First Amendment speech that cannot be regulated in any manner. Accordingto most lower court rulings, only speech containing express words of advocacy ofelection or defeat, also known as “express advocacy” or “magic words” can be regulatedas election-related communications and therefore be subject to the requirements of theFederal Election Campaign Act (FECA). Unlike express advocacy communications,therefore, issue ads may be paid for with funds unregulated by federal law, i.e., softm