@Viss Wait- if I'm understanding this correctly, if this FTC provision stands, it is either unconstitutional, as supported by the (compromised) Supreme Court Citzen's United ruling (paraphrasing all mine: "money is speech, and cannot be limited by the fed"). I like it because I think it totally cannot coexist with Citizen United, and I'd give them this if that trash-ass decision were reversed.
Probably good to ping actual knowledgable attorney to weigh in on my ramblings lol. Ken? @Popehat