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Originally posted by Capt. Eucalyptus Better safe than sorry, I say. From what little I know, this ruling seems to make sense. Some speech is protected and some not. It sounds like they can still put ads up but are limited in their time frame. Nothing wrong with that. |
Nothing's wrong with it in theory, but the scope is a little wide. Let's say that Congress is considering a bill to give $100 billion dollars to Alaskan Caribou. They'll just airlift it up there and dump it on them. If that bill came up for consideration within 60 days of a general election or 30 of a primary, NOBODY could come out with an ad that says "Congress is going to waste $100 billion for no good reason by giving it to Caribou. Call Congressman Snyder and tell him to oppose this." Similarly, they couldn't say "Congress is going to donate $100 billion to the Alaskan Caribou to help them cut down trees. Call Congressman Snyder and tell him to keep fighting for those poor Caribou."
These ads are not smear ads, per se, but rather issue advocacy ads. Nevertheless, it doesn't matter because it mentions a politician/group of politicians. That is too restrictive, and Scalia had it right in his dissent.