This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Federal Election Commission, the Court previously upheld Title II’s restrictions on electioneering communications by unions and corporations and rejected an overbreadth challenge to the statute.
According to Appellants, the parties are debating whether the Court should revisit the McConnell decision and what standard should apply to as‑applied challenges to electioneering communications.
Background and question before the Court
Justice Scalia asked whether the contested statement referred only to issue ads or to all ads.
What each side argues
Federal Election Commission Position
According to Federal Election Commission, the Court previously upheld Title II’s restrictions on electioneering communications by unions and corporations and rejected an overbreadth challenge to the statute.
Wisconsin Right to Life, Inc. Position
Source-limited. The record does not yet support a complete account.
Senator John McCain Position
Source-limited. The record does not yet support a complete account.
What happened at oral argument
According to Justice Scalia, justice Scalia questioned whether the statement applied only to issue ads or to all ads.
Justice Scalia asked whether the “vast majority” language was a holding of the case.
According to Justice Souter, justice Souter raised questions about the listener’s understanding of communications.
According to Justice Scalia, justice Scalia inquired whether exhibits were presented with full context.
Justice Scalia asked whether the issue concerned the meaning of the statements or the intent behind them.
General Clement stated that his position differs slightly from intervenors and argued that as‑applied checks do not work.
Mr. Bopp argued that the blackout period would be 30 days before the primary and 60 days before the general election.
- [1] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 8
- [2] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 22
- [3] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 35
- [4] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 36
- [5] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 56
- [6] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 56
- [7] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 58
- [8] dc62c40f29ae977a5366-r1-9040d0be526636a8.pdf, p. 57
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- dc62c40f29ae977a5366-r1-9040d0be526636a8.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.