The following excerpt is from Federal Election Com'n v. Survival Educ. Fund, Inc., 65 F.3d 285 (2nd Cir. 1995):
Whether the July 1984 mailing reaches this level of explicitness, I admit, is a close question. The mailing falls somewhere between cases that have come out on different sides of this issue--in particular, between MCFL, 479 U.S. at 248-50, 107 S.Ct. at 622-24, which found express advocacy, and Federal Election Comm'n v. Central Long Island Tax Reform Immediately Comm. ("CLITRIM"), 616 F.2d 45, 53 (2d Cir.1980) (in banc ), which did not. In my judgment, the mailing, since it does not endorse any candidates but only criticizes an incumbent in the course of staking out positions on issues of public import, falls short of the express electoral advocacy found in MCFL.
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