[EL] account of how the c4 situation became what it is?

[Smith, Brad]

Actually, Justin, 501(c)(4) organizations have never been required to disclose their donors. This was a hard won right to privacy with the key cases, most notably NAACP v. Alabama, coming out of the civil rights era in the 1950s and 1960s.

(C)(4)s have always been able to devote a limited percentage of their time to political activities. Until 2003, however, they had to avoid express advocacy of the election or defeat of a candidate. That is how the NAACP ran ads in the runup to the 2000 election, for example, showing a re-enactment of a crime of a black man being dragged to death by a pick up truck, and criticizing George W. Bush for not supporting hate crimes legislation.

The McCain-Feingold legislation limited the ability of corporations, including non-profits, to run such ads in the 30 day window before a primary or caucus and the 60 day window before a general election. This was the rule for the 2004, 2006, and 2008 election cycles. The 2010 Citizens United decision not only reversed the McCain-Feingold restrictions, but overruled the 1947 law that prohibited corporations (including non-profits) from running ads that explicitly advocated the election or defeat of a candidate.

So non-profits have a long history of involvement in elections, and have never had to disclose their donors.

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
  Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu<mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Justin Elliott
Sent: Monday, January 30, 2012 12:30 PM
To: law-election at department-lists.uci.edu
Subject: [EL] account of how the c4 situation became what it is?

Hi --

To briefly introduce myself since I'm new to the list: I'm a reporter at Salon who covers campaign finance from time to time. People may have read my recent inteview with Floyd Abrams and Rick's response http://bit.ly/AnZlbK  http://bit.ly/yRXw55

Quick question for the group. I'm looking for a narrative account or just good explanation of how we got to the current point of c4s running ads etc and not disclosing donors. My sense is this is a relatively new phenomenon, but I'd like to be more clear on the legal/regulatory background....

Thanks!
Justin Elliott
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