OCTOBER TERM, 2003
Syllabus
appeal from the united states district court for the district of columbia
No. 02-1674. Argued September 8, 2003—Decided December 10, 2003*
The Bipartisan Campaign Reform Act of 2002 (BCRA), which amended the Federal Election Campaign Act of 1971 (FECA), the Communications Act of 1934, and other portions of the United States Code, is the most recent of nearly a century of federal enactments designed "to purge national politics of what [is] conceived to be the pernicious influence of 'big money' campaign contributions." United States v. Automobile Workers, 352 U. S. 567, 572. In enacting BCRA, Congress sought to address three important developments in the years since this Court's landmark decision in Buckley v. Valeo, 424 U. S. 1 (per curiam): the increased importance of "soft money," the proliferation of "issue ads," and the disturbing findings of a Senate investigation into campaign practices related to the 1996 federal elections.
With regard to the first development, prior to BCRA, FECA's disclosure requirements and source and amount limitations extended only to so-called "hard money" contributions made for the purpose of influencing an election for federal office. Political parties and candidates were able to circumvent FECA's limitations by contributing "soft money"— money as yet unregulated under FECA—to be used for activities
*Together with No. 02-1675, National Rifle Association et al. v. Federal Election Commission et al., No. 02-1676, Federal Election Commission et al. v. McConnell, United States Senator, et al., No. 02-1702, Mc-Cain, United States Senator, et al. v. McConnell, United States Senator, et al., No. 02-1727, Republican National Committee et al. v. Federal Election Commission et al., No. 02-1733, National Right to Life Committee, Inc., et al. v. Federal Election Commission et al., No. 02-1734, American Civil Liberties Union v. Federal Election Commission et al., No. 02-1740, Adams et al. v. Federal Election Commission et al., No. 02-1747, Paul, United States Congressman, et al. v. Federal Election Commission et al., No. 02-1753, California Democratic Party et al. v. Federal Election Commission et al., No. 02-1755, American Federation of Labor and Congress of Industrial Organizations et al. v. Federal Election Commission et al., and No. 02-1756, Chamber of Commerce of the United States et al. v. Federal Election Commission et al., also on appeal from the same court.
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