# Amicus Curiae Brief — McConnell v. Federal Election Commission > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0664%3A39 ## Record - **Collection:** Supreme Court brief - **Document type:** Amicus Curiae Brief - **Published:** January 1, 2003 - **Citation:** 539 U.S. 938 ## Text t Soul Ly >. Thus, under BCRA, corporations that meet the three requirements set forth in MCFL continue to be exempt from the disclosure requirements and expenditure limitations of FECA. Nonprofit advocacy corporations that continue to receive corporate and/or labor union contributions are therefore faced with a choice under BCRA. They can either refuse to accept such contributions, thereby exempting themselves from BCRA’s disclosure rules and expenditure limitations, or accept such contributions, subjecting themselves to BCRA with its requirement that electioneering communications be funded through a seg- regated fund. Given the compelling interest in prevent- ing nonprofit corporations from being used as conduits for prohibited corporate and labor union electioneering — = ~ ‘ 29 activities, the application of BCRA to nonprofit corpo- rations that choose to receive corporate and labor union contributions is clearly constitutional, especially since the option of establishing a PAC leaves open a full range of communicative options. 30 CONCLUSION For the foregoing reasons, amici curiae respectfully submit that the electioneering provisions of BCRA, Sec- tions 201-204, are constitutional. Dated: New York, New York August 5, 2003 Respectfully submitted, Norman Dorsen Eric M. Lieberman Counsel of Record Roger Bearden Stokes Professor of Law Gregory Silbert New York University Rabinowitz, Boudin, School of Law Standard, Krinsky & 40 Washington Square Lieberman, P.C. South 740 Broadway, 5th Floor New York, NY 10012 New York, NY 10003-9518 (212) 998-6233 (212) 254-1111 Attorneys for Amici Curiae Former Leaders of the American Civil Liberties Union --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0664%3A39. Public record. Not legal advice.