Editorials: Federal Judge Strikes a Blow Against Dark Money — But Will It Hold? | Daniel I. Weiner/Brennan Center for Justice
On Tuesday, Judge Amy Berman Jackson of the federal district court in Washington, D.C. handed transparency advocates a victory, when she (again) struck down a deeply flawed Federal Election Commission (FEC) rule that has helped to fuel the explosion of “dark money” — political spending from unknown sources — in U.S. elections. Judge Jackson has the law and common sense on her side, but the ultimate impact of her ruling remains to be seen. The rule at issue governs “electioneering communications” (ECs) — broadcast, cable or satellite communications referring to a clearly identified federal candidate during the run-up to an election. Such ads do not explicitly advocate a candidate’s election or defeat, but the vast majority plainly are election-related. Voters deserve to know who is paying for this advocacy, and what they want from the government. Praise for a candidate from your regional chamber of commerce, for instance, merits different scrutiny than praise from a big oil company in another state. Criticism from a local veteran’s group is not the same as criticism from a faraway defense contractor.