THREE TERMS and a different Supreme Court ago, a five-justice majority sensibly upheld a provision of the McCain-Feingold campaign finance law designed to stem the flood of corporate- and labor-funded campaign commercials masquerading as "issue ads." The majority found "little difference" between "an ad that urged viewers to 'vote against Jane Doe' and one that condemned Jane Doe's record on a particular issue before exhorting viewers to 'call Jane Doe and tell her what you think.' " As the court explained, "although the resulting advertisements do not urge the viewer to vote for or against a candidate in so many words, they are no less clearly intended to influence the election."
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