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E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses an aspect of this fundamental question in the context of one provision of the FECA. The FECA's identification requirement, section 441d, prohibits anonymous communications via mass media when any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of clearly identified candidates. The mass media included are broadcast, print, direct mail, outdoor advertising facilities, and any other general public political advertising. Communications triggering this provision must contain clear information identifying who paid for and who authorized them. The statute delineates three possible required disclosures: (1) that the communication has been …