McConnell v. Federal Election Comm'n, 540 U.S. 93, 261 (2003)

Page:   Index   Previous  254  255  256  257  258  259  260  261  262  263  264  265  266  267  268  Next

360

McCONNELL v. FEDERAL ELECTION COMM'N

Rehnquist, C. J., dissenting

ment, in its brief, proffers no interest whatever to support § 504 as a whole.

Contrary to the Court's suggestion, ante, at 238 (opinion of Breyer, J.), the Government's brief does not succinctly present interests sufficient to support § 504. The two paragraphs that the Court relies on provide the following:

"As explained in the government's brief in opposition to the motion for summary affirmance on this issue filed by plaintiff National Association of Broadcasters (NAB), longstanding FCC regulations impose disclosure requirements with respect to the sponsorship of broadcast matter 'involving the discussion of a controversial issue of public importance.' 47 C. F. R. 73.1212(d) and (e) (2002); see 47 C. F. R. 76.1701(d) (2002) (same standard used in disclosure regulation governing cablecasting). By enabling viewers and listeners to identify the persons actually responsible for communications aimed at a mass audience, those regulations assist the public in evaluating the message transmitted. See Bellotti, 435 U. S. at 792 n. 32 ('Identification of the source of advertising may be required . . . so that the people will be able to evaluate the arguments to which they are being subjected.').

"The range of information required to be disclosed under BCRA § 504 is comparable to the disclosures mandated by pre-existing FCC rules. Compare 47 U. S. C. 315(e)(2)(G) (added by BCRA § 504), with 47 C. F. R. 73.1212(e) and 76.1701(d) (2002). Plaintiffs do not attempt to show that BCRA § 504's requirements are more onerous than the FCC's longstanding rules, nor do they contend that the pre-existing agency regulations are themselves unconstitutional. See generally 02-1676 Gov't Br. in Opp. to Mot. of NAB for Summ. Aff. 4-9. Because BCRA § 504 is essentially a codification of established and unchallenged regulatory requirements,

Page:   Index   Previous  254  255  256  257  258  259  260  261  262  263  264  265  266  267  268  Next

Last modified: October 4, 2007