This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light of the plain language of campaign finance laws, Supreme Court cases, and policy considerations. Section IV suggests a course of action.
Christopher G. Johnson,
Bring it On: The High-Stakes Battle Over Whether the Courts, Congress or the FEC Should Muzzle Independent "527" Television Advertising,
7 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol7/iss3/6