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The Impact of FEC v. WRTL II on State Regulation

The Brennan Center for Justice at NYU School of Law repeatedly has been asked to explain what the U.S. Supreme Court’s decision in FEC v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (2007) (“WRTL II”), means for state regulation of electioneering communications.

Published: March 20, 2008

The Brennan Center for Justice at NYU School of Law repeatedly has been asked to explain what the U.S. Supreme Court’s decision in FEC v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (2007) ("WRTL II"), means for state regulation of electioneering communications.  The discussion that follows is the Center’s general response to those queries.  The analysis does not represent legal advice and is not tailored to the circumstances of any specific jurisdiction; anyone seeking to revise state campaign finance laws to improve regulation or to accommodate WRTL II should consult a lawyer for assistance.  Attorneys at the Brennan Center may be reached at 212–998–6730.

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