Pending what happens at the Department of Justice, the well-funded Americans for Prosperity might litigate its rights to do issue advocacy
without having to register with the state.
The question of whether a political advertisement is issue advocacy
(including lobbying) or campaign activity is an important one under the tax laws, particularly for tax-exempt 501(c) organizations.
Moreover, and again despite the broad language in the majority's opinion, I think it is also now settled law that, at least for some speakers, Congress may impose more restrictive limitations on campaign speech than on issue advocacy
. The rule that Congress may not "restrict the speech of some elements of our society in order to enhance the relative voice of others" (32) remains applicable to issue advocacy
, but does not necessarily apply to campaign speech.
FEC IS THE DISTINCTION BETWEEN express advocacy and issue advocacy
. By approving SpeechNow.org's plan to use unlimited donations to make commercials telling voters to vote against certain candidates, the court has ended the ban on independent groups using the so-called "eight magic words."
The Supreme Court had said in Austin that corporations cannot use their wealth to influence elections, but, according to these complaints, corporations were able to do so after Austin by means of issue advocacy
rather than express advocacy.
now apparently enjoyed by independent expenditures for issue advocacy
Does the IPCC try to act as science adviser or honest broker but then slip by mistake into stealth issue advocacy
, or are all three roles involved in various aspects of its work?
During the past several years, Congress has repeatedly considered legislation that would regulate or prohibit certain forms of grassroots education and issue advocacy
. For example, the Bipartisan Campaign Reform Act of 2002 (BCRA) (4) includes provisions that prevent non-profit organizations and other corporations from using their general treasury funds to pay for advertisements aired close to a federal election that discuss issues of public importance while mentioning public officials that are running for re-election.
But it will be an up year for political advertising in newspapers, because, he believes, "Print's sweet spot is issue advocacy
and public affairs advertising."
," leaving many political communications
A major component of the ongoing controversy is the distinction between "issue advocacy
," which means discussing issues of public concern, and "express advocacy," which encourages people to vote for or against a candidate.
Citing several investigations from the 2004 election, the government watchdog group OMB Watch states that the IRS has a track record of "blurring the lines between partisan interference and legitimate issue advocacy