
“They’re the men who served with John Kerry in Vietnam. Tortured for refusing to confess what John Kerry accused them of … of being war criminals. With nothing to gain for themselves, they have come forward to talk about the John Kerry they know.”1 Swift Boat Vets and POWs for Truth, TV ad excerpt, September 2004
Below you will find a memo written by Patton Boggs, one of the leading campaign finance law firms in America, summarizing the implications of the new U.S. Supreme Court decision handed down on January 20, 2010, freeing corporations from campaign spending limits on independent expenditure advertising. Here are some of the highlights:
- Before last week’s ruling, corporate funds could not be used to fund independent ads that expressly called for the election or defeat of a political candidate. Now they can.
- Before the ruling, corporate funds could not be used to fund independent issue advocacy ads within 30 days of a primary or 60 days of the general election. Now they can.
Example: The famous Swift Boat Veterans ads never called for the election of George Bush or the defeat of John Kerry. Those ads merely disclosed questions about John Kerry’s war record. Corporations could have helped fund those ads up to 30 days before the primary and 60 days before the general election. However, as those ads were developed after the Democratic National Convention in 2004 and run only in September and October, within the 60 days before the general election, none of the $26 million raised to fund the ads was from corporate funds. Today, corporate money CAN be used to pay for the Swift Boat Veterans type ads all the way up to Election Day, and, you CAN call for the election or defeat of a candidate.
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