
FEC unregulates some political speech
Two important rulings made public last week by the Federal Election Commission demonstrate the FEC is attempting to follow guidance established by the U.S. Supreme Court in the so-called Wisconsin Right to Life case, and one of the rulings adds toa newbody of law which slightly expands the permissable content of candidate-related political speech that is unregulated by the FEC. Becausethe rulings are based on interpretations of U.S. Supreme Court decisions, they can and shouldinfluence the regulatory posture of the California Fair Political Practices Commission.
The decisions apply to so-called "527" issue advocacy groups but theyshould also be of note to nonprofit advocacy organizations organized as corporations and tax exempt under different sections of the IRS tax code.
In one of the decisions, which is a detailed written ruling, the FEC found that the Pennsylvania-based Lantern Project did not cross the line to require Federal political action committee status (andtherefore FEC regulation, contribution limits, ban on corporate/union contributions,and disclosure) when itspent… Read More