Cite as: 540 U. S. 93 (2003)
Opinion of the Court
existed, for example, 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." 1 7 Indeed, campaign
professionals testified that the most effective campaign ads,
like the most effective commercials for products such as
Coca-Cola, should, and did, avoid the use of the magic
words.1 8 Moreover, the conclusion that such ads were specifically intended to affect election results was confirmed
by the fact that almost all of them aired in the 60 days immediately preceding a federal election.19 Corporations and
unions spent hundreds of millions of dollars of their general
funds to pay for these ads, 20 and those expenditures, like
at the American Assn. of Political Consultants Fifth General Session on,
"Issue Advocacy," Jan. 17, 1997, p. 2); 251 F. Supp. 2d, at 878-879 (Leon,
J.) 17(same).
Id., at 304 (Henderson, J., concurring in judgment in part and dissenting in part); id., at 534 (Kollar-Kotelly, J.); id., at 875-879 (Leon, J.).
18
Itis undisputed that very few ads-whether run by candidates, parties, or interest groups-used words of express advocacy. Id., at 303
(Henderson, J.); id., at 529 (Kollar-Kotelly, J.); id., at 874 (Leon, J.). In the
1998 election cycle, just 4% of candidate advertisements used magic words;
in 2000, that number was a mere 5%. App. 1334 (report of Jonathan S.
Krasno, Yale University, & Frank J. Sorauf, University of Minnesota,
pp. 53-54 (hereinafter Krasno & Sorauf Expert Report); see 1 Defs. Exhs.,
Tab 2, pp. 53-54).
19251 F. Supp. 2d, at 564, and n. 96 (Kollar-Kotelly, J.) (citing report of
Kenneth M. Goldstein, University of Wisconsin-Madison, App. A, Tbl. 16;
see 3-R Defs. Exhs., Tab 7); Tr. of Oral Arg. 202-203; see also 251 F. Supp.
2d, at 305 (Henderson, J.).
20The spending on electioneering communications climbed dramatically
during the last decade. In the 1996 election cycle, $135 to $150 million
was spent on multiple broadcasts of about 100 ads. In the next cycle
(1997-1998), 77 organizations aired 423 ads at a total cost between $270
and $340 million. By the 2000 election, 130 groups spent over an estimated $500 million on more than 1,100 different ads. Two out of every
three dollars spent on issue ads in the 2000 cycle were attributable to the
two major parties and six major interest groups. Id., at 303-304 (Henderson, J.) (citing Annenberg Public Policy Center, Issue Advertising in the
1999-2000 Election Cycle 1-15 (2001) (hereinafter Annenberg Report); see
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