Eugene McCarthy: We didn't have any kind of formal links with [the anti-war movement] - you know, they were kind of doing their own thing. In fact, some of them were a little upset when we started the campaign saying we were draining off energy; they were more radical. And they weren't harmful, but they weren't much help to us. So ... I wouldn't say we distanced ourselves from them: we just sort of let them do their own act.”

Interview with Senator Eugene McCarthy (1996)

Harvey Milk:  I stood for more than just a candidate .… I have never considered myself a candidate.  I have always considered myself part of a movement, part of a candidacy.  I’ve considered the movement the candidate …. Almost everything that was done was done with an eye on the gay movement.

“Harvey Milk’s Political Will” in Randy Shilts, the Mayor of Castro Street (1982).

A sense is building in media quarters that the Wisconsin “issue advocacy” investigation, still in limbo in the courts, might be a pivotal moment in the campaign finance reform debate. It is a spicy story: a criminal investigation with allegations about conspiracies and mention of emails to Karl Rove. And it could turn out that state law was violated. At this point there is no way of knowing. Clearer is the central issue arising out of the case: whether the First Amendment protects “a candidate’s promotion and support of issues advanced by an issue advocacy group” where “the speech may benefit his or her campaign because the position taken on the issues coincides with his or her own.”  O’Keefe v. Schmitz, No. 14–C–139, 2014  WL 1795139 (E.D. Wis. 2014).

No one questions that campaign finance law has struggled through multiple, agonized revisions in distinguishing issues from campaign speech and the discussion of campaign issues from advocacy for candidates or parties. The statute is little help; it speaks of the “purpose of influencing” an election,” 2 U.S.C. §431(8)(A)(i), and broader Commission glosses on the phrase, such as a test for whether a message was “electioneering” in content, eventually came to grief. The Supreme Court held the express advocacy line briefly, then gave in to a conception of the “functional equivalent” of express advocacy, and has since cast much of discussion into obsolescence by extending to corporations the right to make independent expenditures. Now tax policy-makers and tax law face pressure to work through the same issue, in limiting political intervention by 501(c)(4)s, and the results might be expected to be the same.