Subject: "Who, pray tell, is going to decide which ads are positive and which ads are negative?"
From: "Joe Birkenstock" <jbirkenstock@smithkaufman.com>
Date: 11/7/2003, 9:27 PM
To: election-law@majordomo.lls.edu

So asks *Fred Wertheimer* in this NYT article
(http://www.nytimes.com/2003/11/08/politics/campaigns/08ADS.html) in
response to the suggestion that limiting BCRA's "stand by your ad" provision
to negative ads only would prevent some confusing scenes of candidates
confirming the obvious.  I have to wonder who Fred thinks is going to decide
whether a particular ad promotes, supports, attacks, or opposes a particular
candidate?

___________________________
Joseph M. Birkenstock, Esq.
Special Counsel
Smith Kaufman LLP
777 S. Figueroa Street, Suite 4050
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