Sep 7, 2006 -- Three-Judge Court Denies Injunction in WRTL Case

Today, a three-judge panel of the federal district court for the District of Columbia unanimously denied an injunction sought by Wisconsin Right to Life to block enforcement of the Bipartisan Campaign Reform Act of 2002 (BCRA) "electioneering communications" provisions as applied to certain proposed broadcast communications.

The legal challenge is the latest in a series of efforts, all unsuccessful, to challenge the BCRA "electioneering communications" provisions.

"Today's decision is fully consistent with the law and constitutional jurisprudence on this subject," said Trevor Potter, President of the Campaign Legal Center. "The Supreme Court ruled just two years ago in McConnell v. FEC that the electioneering communications provisions of BRCA were valid on their face, and the broadcast ad proposed by WRTL in this case was virtually identical to those that were before the Supreme Court in McConnell ." Potter added that "BCRA does not bar corporations and unions from running such ads, or create a so-called 'blackout period.' BCRA merely requires that a corporation that wants to run an ad mentioning a federal candidate just before an election must fund that ad through its political action committee (PAC) and not with its corporate general treasury funds."

Potter noted that none of this effects true "grassroots lobbying ads." "If the corporation or union truly wants to lobby Congress on issues that may be coming up for a vote, they remain entirely free to do so under BCRA so long as they do not name specific federal candidates in the advertisement during the period immediately preceding an election," Potter stated. "Thus, an ad that says 'Here is why this is a crucial issue. Call Congress and tell them to vote X way on this bill,' and includes a telephone number, is not covered by the statute."

To view the Legal Center's opposition to the motion for preliminary injunction, click here.

# # #