Cite as: 540 U. S. 93 (2003)
Opinion of the Court
interviews, and news documentaries from the requirement that broadcasters provide equal time to candidates for public office).89
We affirm the District Court's judgment to the extent that it upheld the constitutionality of FECA § 316(b)(2); to the extent that it invalidated any part of § 316(b)(2), we reverse the judgment.
BCRA § 204's Application to Nonprofit Corporations
Section 204 of BCRA, which adds FECA § 316(c)(6), applies the prohibition on the use of general treasury funds to pay for electioneering communications to not-for-profit corporations.90 Prior to the enactment of BCRA, FECA re-89 In a different but somewhat related argument, one set of plaintiffs contends that political campaigns and issue advocacy involve press activities, and that BCRA therefore interferes with speakers' rights under the Freedom of the Press Clause. U. S. Const., Amdt. 1. We affirm the District Court's conclusion that this contention lacks merit.
90 The statutory scheme is somewhat complex. In its provision dealing with "Rules Relating to Electioneering Communications," BCRA § 203(c)(2) (adding FECA § 316(c)(2)) makes a blanket exception for designated nonprofit organizations, which reads as follows: "Exception
"Notwithstanding paragraph (1), the term 'applicable electioneering communication' does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of title 26) made under section 434(f)(2)(E) or (F) of this title if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8). For purposes of the preceding sentence, the term 'provided directly by individuals' does not include funds the source of which is an entity described in subsection (a) of this section." 2 U. S. C. § 441b(c)(2) (Supp. II).
BCRA § 204, however, amends FECA § 316(c) to exclude "targeted communications" from that exception. New FECA § 316(c)(6) states that the § 316(c)(2) exception "shall not apply in the case of a targeted communication that is made by an organization described" in § 316(b)(2). 2 U. S. C. § 441b(c)(6)(A). Subparagraph (B) then defines the term "targeted communication" for the purpose of the provision as including all
209
Page: Index Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 NextLast modified: October 4, 2007