The McCain-Feingold Act is again at risk in the ongoing United Citizen v. Federal Election Commission case.
The United States Supreme Court has not reached at ruling yet for the ongoing legal case of United Citizen V. Federal Election Commission. The case puts the 2002 McCain-Feingold Act under scrutiny once again. The case will decide whether the documentary, Hillary: The Movie, can be defined as ‘campaign ad’ under the McCain-Feingold Act. If the court declares it a campaign ad then the producers of the documentary ‘Citizens United’ may face legal charges as it is an illegal act under the McCain-Feingold Act. The case holds extreme importance and one of the leading legal scholars of United States, Erwin Chemerinsky, has called it ‘one of the most important First Amendment cases in years’. What is McCain-Feingold Act and what had the movie to do with the legal act? Read the following to learn more about it:
In American politics, campaign money plays an important role. It has remained associated with political campaigns since the introduction of elections in the United States. In 2002, the House of Representatives passed a bill to limit the use of money in political campaigns. The bill was named McCain-Feingold Act after its chief sponsors John McCain and Russ Feingold. The bill was passed by 240-189 votes in the House and 60-40 votes in the Senate and hence was signed by the then U.S. President George W. Bush.
The bill prohibited the use of ‘soft money’ in political campaigns and curtailed political ads sponsored by for-profit organizations and some non-profit organizations such as National Rifle Association. In the following years after its approval, the McCain-Feingold Act faced severe criticism from its opponents. It was challenged by many non-profit organizations and some political parties for its non-constitutionality. However, the act still retains its position of a state law.
In January 2008, a US district court declared that the ads ran by Citizens United for its documentary has violated the McCain- Feingold Act. The U.S. Supreme Court heard oral arguments about the case and a decision is expected soon. The decision would be of critical importance as it may cancel some parts of the McCain- Feingold Act.
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