How Does McCain-Feingold Deal With Phony Issue Ads?
McCain-Feingold includes a new definition of “express advocacy.” Under this definition, any communication that contains the so-called “magic words” or expresses “unmistakable and unambiguous support for or opposition to” a clearly identified candidate will be considered “express advocacy.” In addition, the provision draws a clear “bright line” for broadcast advertisements only. Any ad that mentions the name or shows the likeness of a candidate within 60 days of that candidate’s election is defined as express advocacy. Finally, the provision contains an explicit exception for written voter guides or voting records that comment on the votes or positions on the issues of two or more candidates. Such communications, as long as they are not coordinated with a candidate or political party, will not be considered express advocacy unless they use the “magic words.” These provisions will undoubtedly face a court test. In a sense, the bill provides a menu for the Supreme Court to choose from whe
