At least in parts...

Today the U.S. District Court for the District of Columbia held that the ban on corporate electioneering communications is unconstitutional as applied to the three grassroots lobbying ads for which Wisconsin Right to Life ("WRTL") sought judicial relief in WRTL v. FEC. Judge Leon wrote the opinion and was joined by Judge Sentelle in the majority of the three-judge court.

The ads were run in 2004 when WRTL did radio and television ads urging people in Wisconsin to contact Senator Kohl and Senator Feingold and ask them to oppose the ongoing filibusters of President Bush's judicial nominees. Because Senator Feingold was a candidate, WRTL had to stop running its ads when the electioneering communication prohibition period began. WRTL sought judicial relief to continue running its ads, which was denied at the time.

Today the District Court first decided that the grassroots lobbying ads were not the functional equivalent of express advocacy, as the U.S. Supreme Court had required in its analysis in McConnell v. FEC (which upheld the electioneering communication only against a facial challenge). Second, the District Court held that the FEC had not met its burden of proving that the prohibition was narrowly tailored to a compelling state interest as applied to the ads. So the Court held that the prohibition was unconstitutional as applied to these ads.

James Bopp, Jr., attorney for WRTL comments: "This is a victory for the right of the people to lobby their members of Congress on upcoming votes even if there is a pending election. This grassroots lobbying is simply self-government at work, which is protected by the First Amendment."