BOB GARFIELD: From WNYC in New York, this is NPR's On the Media. I'm Bob Garfield.

BROOKE GLADSTONE: And I'm Brooke Gladstone. This week a new political ad campaign was launched in 17 battleground states. The ads were produced by The Media Fund, a Democratic group unaffiliated with the Democratic National Committee. Since The Media Fund is supported by soft money, big donations from unions, corporations and millionaires and so on, under the new Campaign Finance Reform law, its commercials are supposed to confine themselves to issues -- they're not supposed to call for the election or defeat of a candidate for national office. What do you think? [AD PLAYS] [MUSIC]

ANNOUNCER:"President Bush. Remember the American dream? It's about hope -- not fear. It's about more jobs at home -- not tax breaks for shipping jobs overseas. It's about giving our children their chance, not our debt. It's about providing health care for people -- not just profits. It's about fighting for the middle class, not special interests. George Bush's priorities are eroding the American dream. It's time to take our country back from corporate greed and make America work for every American."

BROOKE GLADSTONE:Democratic groups like The Media Fund have been established as 527s -- that's shorthand for the provision of the tax law that governs them. Now they say they're operating entirely within the law. The Bush-Cheney Campaign disagrees, and the groups are facing legal scrutiny by the Federal Election Commission. We're joined now by media consultant Karl Struble. Welcome to the show.

KARL STRUBLE: Hello.

BROOKE GLADSTONE: So Karl, you've been a media consultant on several high profile Democratic campaigns. What do you think of the Media Fund ad?

KARL STRUBLE: I think it's -- raises appropriate questions about whether the priorities of this country are really the ones that are being pursued by the president.

BROOKE GLADSTONE:I guess it's not actually telling people to vote against him. However it does seem like this is a direct violation of the Campaign Finance Law. My understanding is that when you use soft money, you have to confine yourself to issues.

KARL STRUBLE: Well, I think they are raising issues. When you look at it, it really is asking a question -- are you on my side as an average working American -- somebody that works for a paycheck? Or are you on the side of somebody in the boardroom? And I think this raises that question in people's minds, and you know, I'm pretty certain that this is going to be found to be legitimate and legal.

BROOKE GLADSTONE:But don't you think the Media Fund ad is, as the Bush-Cheney Campaign might suggest, a kind of "wolf in sheep's clothing?" I mean this is an ad against Bush and for Kerry.

KARL STRUBLE: There are, you know, right wing groups right now that are doing the same thing, you know, for the Bush campaign. You know, for them to say that somehow we don't do it and they do is really disingenuous.

BROOKE GLADSTONE:And in fact we have an ad ready to play for you from a conservative group called Citizen United which doesn't call itself a 527 group but a 501 non-profit, also covered under the laws in ways that perhaps you can explain for me, and let's play that. [MUSIC]

ANNOUNCER:Massachusetts Senator John Kerry -- hairstyle by Christophe's - $75. Designer shirts - $250. 42-foot luxury yacht -- one million dollars. Four lavish mansions and beachfront estate, over 30 million dollars. Another rich liberal elitist from Massachusetts who claims he's a "man of the people." [LAUGHS] Priceless.

BROOKE GLADSTONE: Taking off your [LAUGHS] Democratic hat for a moment-- [LAUGHTER] pretty funny ad, right?

KARL STRUBLE:Well, it's - you know - it's a pretty funny ad, particularly coming from, you know, the Vice President from Halliburton and, and the President of, you know, the big oil companies of America. I mean you know, give me a break. [LAUGHS]

BROOKE GLADSTONE: But it's not coming from them.

KARL STRUBLE: Well, it-- Come on.

BROOKE GLADSTONE:If the Media Fund isn't a direct extension of the Democratic National Committee, then how can you say that Citizen United is a direct extension of the Republican National Committee? [BOTH SPEAK AT ONCE]

KARL STRUBLE: Okay. But let me just - let me just say I didn't say that, that either one of 'em are direct extensions. What I am saying is, the way the law is set up now, you have all kinds of groups that will promote the election of Bush and will promote the election of whatever Democrat would have been nominated. Because that's what's in their best interest. They've taken the law and they've used it to the best that they can. I believe that they're perfectly legal, but for both sides to somehow suggest that either one of 'em is illegal or that either [LAUGHS] one of them isn't somehow or another, you know, promoting issues that might be beneficial to somebody I think is disingenuous. I mean of course they are!

BROOKE GLADSTONE: Do you know the difference between a 501 which Citizen United calls itself and the 527 which The Media Fund calls itself?

KARL STRUBLE:No, and I can tell you there area bunch of lawyers in this town are still trying to figure out the differences. What we got is a new law that is in the process of being interpreted.

BROOKE GLADSTONE:It sounds to me as if the McCain-Feingold Campaign Finance Reform law which was supposed to prevent corporate money from hijacking the political ad landscape just doesn't work, because these are political ads, they're for candidates -- they're not really explicitly for any specific issue, which is what I think McCain-Feingold had in mind, so I guess --would you agree that McCain-Feingold ultimately will have no impact?

KARL STRUBLE: It's very hard to legislate the First Amendment. You know? We're talking about free speech here and about the ability to talk about issues in ways that may be helpful to one side or the other. Now they can pass all the laws they want. Unless they outlaw, you know, money in campaigns and make everybody have exactly the same amount, both sides are going to figure out ways to level the field out.

BROOKE GLADSTONE: And that's what we're seeing right now.

KARL STRUBLE: That's exactly what you're seeing.

BROOKE GLADSTONE: I'm still wondering how for the purposes of the law one distinguishes between an issue ad and a pro- or anti-- candidate ad.

KARL STRUBLE: As long as you don't say "vote for" or "vote against" somebody you can say just about anything. As I understand that law.

BROOKE GLADSTONE: Karl Struble, thank you very much.

KARL STRUBLE: Sure.

BROOKE GLADSTONE: Karl Struble is a founder of Struble-Eichenbaum Communications. [MUSIC]