What Is The Difference Between Issue Ads And Independent Expenditures?
True issue ads are aimed at influencing congressional action on legislation, like the famous “Harry and Louise” health care ads or the ad wars between the long distance carriers and the Baby Bell companies during Congress’s consideration of telecommunications legislation. No one argues that these types of ads should be subject to regulation as election-related speech or that corporations, unions, or other groups should be prohibited from financing them. Under the federal election laws, however, ads that contain “express advocacy” are “independent expenditures” that must be paid for by PACs. PACs may raise no more than $5,000 per year from any one person, and may not accept direct corporate or union contributions. Under the Supreme Court’s ruling in Buckley v. Valeo, there is no limit on the amount of money that PACs or individuals may devote to independent expenditures, but spending on such ads must be disclosed. In between independent expenditures that use “magic words,” like “vote fo
