The sender of letters to Sen. Roger Wicker and President Obama believed to be laced with ricin closes with the signoff, “I am KC and I approve this message.” This is an obvious allusion to the so-called “stand-by-your ad” disclaimer required by federal campaign finance law (2 U.S.C. § 441d(d)). As I have often noted, this disclaimer has become a running joke in pop culture, and my observation is corroborated by internet websites and even an Urban Dictionary entry devoted to this phrase and its parodies.

And yet the so-called “reformers” continue to insist on the enforcement of this requirement, and even demand that the disclaimer, which currently applies only to candidate-sponsored ads, be expanded to apply to ads sponsored by third parties. For example, Section 3 of the so-called “DISCLOSE Act” requires a representative from any entity sponsoring a “campaign-related” ad to appear in the ad and to state that the entity “approves this message.”

FCC regulations (at 47 C.F.R. § 73.1212 and § 76.1615) already require a “paid for by” disclaimer for the same broadcast ads for which the “stand-by-your-ad” disclaimer is required. Given that the latter disclaimer has – justifiably – become the object of derision rather than the source of important information that the “reformers” envisioned, what governmental interest is served by perpetuating and expanding the disclaimer (other than to provide fodder for parody)?

[Editor’s Note: He’s Eric Wang, and he approves that message.]