Good News For Free Speech: Appeals Court Declares Portions Of Wisconsin Campaign Finance Law Unconstitutional

UNCONSTITUTIONAL: The 7th Circuit
U.S. Court of Appeals declared
sections of Wisconsin’s campaign
finance law unconstitutional.
Decision may impact WI's secret
John Doe probe into dozens
of conservative groups.

By M.D. Kittle | Wisconsin Reporter: Madison, Wis. — In a ruling with stunning implications on political speech in Wisconsin and beyond, the 7th Circuit U.S. Court of Appeals declared unconstitutional portions of state campaign finance laws restricting issue advertising.

The 88-page decision handed down late Wednesday sides with Wisconsin Right to Life Inc. and its state political action committee, which sued to block the enforcement of multiple state statutes and rules against groups that spend money for political speech independently of candidates and parties — so called issue advocacy groups.

The 7th Circuit’s ruling, legal experts tell Wisconsin Reporter, could cut the legs out from under a secret John Doe investigation into dozens of conservative organizations on a theory that the groups illegally coordinated with Gov. Scott Walker’s campaign during the state’s partisan recall elections.

In short, the court, in a 3-0 decision, found the state’s corporate-speech ban, the ban on political spending by corporations, unconstitutional under the U.S. Supreme Court’s 2010 Citizens United ruling that opened up previous restrictions on campaign finance. The Appeals Court remanded the case to the district court to issue a permanent injunction consistent with the opinion.

The court also ruled:

• The cap on the amount a corporation may spend on fundraising for an affiliated political committee, is unconstitutional.
• The lengthy disclaimer requirement under state Government Accountability Board’s regulation is unconstitutional as applied to 30-second radio ads and ads of shorter duration.
• The statutory definition of “political purposes,” section 11.01(16), and the regulatory definition of “political committee,” GAB § 1.28(1)(a), are unconstitutionally vague and overbroad in the sense meant by federal court precedent. As applied to political speakers other than candidates, their campaign committees and political parties, the definitions are limited to express advocacy.

[Full Story]

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