Edward B. Foley

Compelling Interests and How Best to Achieve Them: A Response to Mr. Bauer's Reply

13 AN AUTHOR IS OBVIOUSLY PLEASED whenever his work receives sustained and thoughtful analysis, especially when that analysis calls the author’s work “interesting,” “imaginative,” and “important.”1 Accordingly, I am grateful that Robert Bauer has taken considerable time and effort to analyze and evaluate my piece on the “electioneering communications” definition in the Bipartisan Campaign Reform Act (BCRA).2 But, although he deems the piece worthy of “close attention,” Bauer finds its reasoning flawed. I offer this response because I believe his criticism is premised on a misunderstanding of my main contention.