Per Curiam.
The Bipartisan Campaign Reform Act of 2002 (BCRA), § 203, as amended, 116 Stat. 91, prohibits corporations from using their general treasury funds to pay for any “electioneering communications.” 2 U. S. C. §441b(b)(2) (2000 ed., Supp. III). BCRA §201 defines “electioneering communications” as any broadcast, cable, or satellite communication that refers to a candidate for federal office and that is broadcast within 30 days of a federal primary election or 60 days of a federal general election in the jurisdiction in which that candidate is running for office. 2 U. S. C. § 434(f)(3) (2000 ed., Supp. III). Appellant Wisconsin Right to Life, Inc. (WRTL), brought this action against the Federal Election Commission (FEC), seeking a judgment declaring BCRA unconstitutional as applied to several broadcast advertisements that it intended to run during the 2004 election. WRTL also sought a preliminary injunction barring the FEC from enforcing BCRA against those advertisements. WRTL does not dispute that its advertisements are covered by BCRA’s definition of prohibited electioneering communications. Instead, it contends that BCRA cannot be constitutionally applied to its particular communications because they constitute “grassroots lobbying advertisements.” Brief for Ap-pellee 35 (internal quotation marks omitted). Although the FEC has statutory authority to exempt by regulation certain communications from BCRA’s prohibition on electioneering communications, § 434(f)(3)(B)(iv), at this point, it has not done so for the types of advertisements at issue here.
The three-judge District Court denied the motion for a preliminary injunction and subsequently dismissed WRTL’s complaint in an unpublished opinion. We noted probable jurisdiction, 545 U. S. 1164 (2005). Appellant asks us to reverse the judgment of the District Court because that court incorrectly read a footnote in our opinion in McConnell v. Federal Election Comm’n, 540 U. S. 93 (2003), as foreclosing any “as-applied” challenges to the prohibition on electioneering communications. We agree with WRTL that the District Court misinterpreted the relevance of our “uphold[ing] all applications of the primary definition” of electioneering communications. Id., at 190, n. 73. Contrary to the understanding of the District Court, that footnote merely notes that because we found BCRA’s primary definition of “electioneering communication” facially valid when used with regard to BCRA’s disclosure and funding requirements, it was unnecessary to consider the constitutionality of the backup definition Congress provided. Ibid. In upholding §203 against a facial challenge, we did not purport to resolve future as-applied challenges.
The FEC argues that the District Court also rested its decision on the alternative ground that the facts of this case “suggest that WRTL’s advertisements may fit the very type of activity McConnell found Congress had a compelling interest in regulating.” No. 04-1260 (DC, Aug. 17,2004), App. to Juris. Statement 8a. It is not clear to us, however, that the District Court intended its opinion to rest on this ground. For one thing, the court used the word “may.” For another, its separate opinion dismissing WRTL’s challenge with prejudice characterized its previous opinion as holding that “WRTL’s ‘as-applied’ challenge to BCRA is foreclosed by the Supreme Court’s decision in McConnell.” Id., at 3a. Given this ambiguity, we cannot say with certainty that the District Court’s dismissal was based on this alternative ground.
We therefore vacate the judgment and remand the case for the District Court to consider the merits of WRTL’s as-applied challenge in the first instance.
It is so ordered.
What follows is an opinion from the Supreme Court of the United States. Your task is to determine whether the decision of the court whose decision the Supreme Court reviewed was itself liberal or conservative. In the context of issues pertaining to criminal procedure, civil rights, First Amendment, due process, privacy, and attorneys, consider liberal to be pro-person accused or convicted of crime, or denied a jury trial, pro-civil liberties or civil rights claimant, especially those exercising less protected civil rights (e.g., homosexuality), pro-child or juvenile, pro-indigent pro-Indian, pro-affirmative action, pro-neutrality in establishment clause cases, pro-female in abortion, pro-underdog, anti-slavery, incorporation of foreign territories anti-government in the context of due process, except for takings clause cases where a pro-government, anti-owner vote is considered liberal except in criminal forfeiture cases or those where the taking is pro-business violation of due process by exercising jurisdiction over nonresident, pro-attorney or governmental official in non-liability cases, pro-accountability and/or anti-corruption in campaign spending pro-privacy vis-a-vis the 1st Amendment where the privacy invaded is that of mental incompetents, pro-disclosure in Freedom of Information Act issues except for employment and student records. In the context of issues pertaining to unions and economic activity, consider liberal to be pro-union except in union antitrust where liberal = pro-competition, pro-government, anti-business anti-employer, pro-competition, pro-injured person, pro-indigent, pro-small business vis-a-vis large business pro-state/anti-business in state tax cases, pro-debtor, pro-bankrupt, pro-Indian, pro-environmental protection, pro-economic underdog pro-consumer, pro-accountability in governmental corruption, pro-original grantee, purchaser, or occupant in state and territorial land claims anti-union member or employee vis-a-vis union, anti-union in union antitrust, anti-union in union or closed shop, pro-trial in arbitration. In the context of issues pertaining to judicial power, consider liberal to be pro-exercise of judicial power, pro-judicial "activism", pro-judicial review of administrative action. In the context of issues pertaining to federalism, consider liberal to be pro-federal power, pro-executive power in executive/congressional disputes, anti-state. In the context of issues pertaining to federal taxation, consider liberal to be pro-United States and conservative pro-taxpayer. In miscellaneous, consider conservative the incorporation of foreign territories and executive authority vis-a-vis congress or the states or judcial authority vis-a-vis state or federal legislative authority, and consider liberal legislative veto. The lower court's decision direction is unspecifiable if the manner in which the Supreme Court took jurisdiction is original or certification; or if the direction of the Supreme Court's decision is unspecifiable and the main issue pertains to private law or interstate relations