Cite as: 540 U. S. 93 (2003)
Opinion of the Court
permissible scope of provisions regulating campaign-related speech.
Nor are we persuaded, independent of our precedents, that the First Amendment erects a rigid barrier between express advocacy and so-called issue advocacy. That notion cannot be squared with our longstanding recognition that the presence or absence of magic words cannot meaningfully distinguish electioneering speech from a true issue ad. See Buckley, supra, at 45. Indeed, the unmistakable lesson from the record in this litigation, as all three judges on the District Court agreed, is that Buckley's magic-words requirement is functionally meaningless. 251 F. Supp. 2d, at 303-304 (Henderson, J.); id., at 534 (Kollar-Kotelly, J.); id., at 875-879 (Leon, J.). Not only can advertisers easily evade the line by eschewing the use of magic words, but they would seldom choose to use such words even if permitted.77 And although the resulting advertisements do not urge the viewer to vote for or against a candidate in so many words, they are no less clearly intended to influence the election.78 Buckley's
77 As one major-party political consultant testified, " 'it is rarely advisable to use such clumsy words as "vote for" or "vote against." ' " 251 F. Supp. 2d, at 305 (Henderson, J.) (quoting declaration of Douglas L. Bailey, founder, Bailey, Deardourff & Assoc. 1-2, App. 24, ¶ 3). He explained: " 'All advertising professionals understand that the most effective advertising leads the viewer to his or her own conclusion without forcing it down their throat.' " 251 F. Supp. 2d, at 305 (Henderson, J.). Other political professionals and academics confirm that the use of magic words has become an anachronism. See id., at 531 (Kollar-Kotelly, J.) (citing declaration of Raymond D. Strother, Pres., Strother/Duffy/Strother ¶ 4, 9 Defs. Exhs., Tab 40); see Unsealed Pp. Vol., Tab 7; App. 1334-1335 (Krasno & Sorauf Expert Report); see also 251 F. Supp. 2d, at 305 (Henderson, J.); id., at 532 (Kollar-Kotelly, J.); id., at 875-876 (Leon, J.).
78 One striking example is an ad that a group called "Citizens for Reform" sponsored during the 1996 Montana congressional race, in which Bill Yellowtail was a candidate. The ad stated:
" 'Who is Bill Yellowtail? He preaches family values but took a swing at his wife. And Yellowtail's response? He only slapped her. But "her nose was not broken." He talks law and order . . . but is himself a con-
193
Page: Index Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 NextLast modified: October 4, 2007