Campaign Finance Reform victory

 Campaign Finance Reform laws put in place to curb corruption have put an unfair burden on nonprofit organizations who can be penalized for doing what would earlier be recognized as exercising their right to free speech. 

Particularly bothersome is the part of the CFR law that prohibits ads from mentioning the name of a political candidate in the periods before primary and general elections.  This has been in force even if that candidate is an incumbent lawmaker who has taken an official position on an important issue, for which many of his constituents would like to be alerted so that they can contact him.  Many pro-life organizations were concerned about running afoul of the Campaign Finance laws if they ran ads asking people to contact him on a specific issue. 

A recent court case concerning Wisconsin Right to Life gives pro-life organizations hope.  James Bopp, named in the Wisconsin Right to Life release below, is a well-known pro-life attorney who has defended many pro-life organizations and attacked many bad laws.  The pro-life movement is fortunate to have his expertise. 

They say:

In a tremendous victory for citizens and citizen organizations, the U. S. Supreme Court today created a safe harbor for grassroots lobbying from the blackout period created by the "electioneering communication" prohibition in McCain-Feingold. The opinion in FEC v. Wisconsin Right to Life (No. 06-969, consolidated with McCain v. Wisconsin Right to Life, No. 06-970) is available on the Supreme Court's website at http://www.supremecourtus.gov  and at www.jamesmadisioncenter.org  along with other case documents.

"Today, the U.S. Supreme Court restored the right of citizens and citizen organizations to engage in grassroots lobbying through the use of broadcast communications," said Barbara Lyons, Executive Director of Wisconsin Right to Life. "The Court soundly rejected the attempts by Senators McCain and Feingold and their allies to silence Wisconsin Right Life's efforts to inform the public regarding an important issue pending in Congress and to urge citizens to contact their elected officials regarding that issue. This is a tremendous victory for all citizens and citizen organizations."

 http://www.wisconsinrighttolife.org/

Details of the press release from Wisconsin Right to Life:

For immediate release:  July 19, 2007

On the heels of the June 25 U. S. Supreme Court victory for the First Amendment rights of citizens and citizen organizations in FEC V. Wisconsin Right to Life and McCain v. Wisconsin Right to Life, the FEC has conceded to WRTL in yet another case involving a 2006 broadcast ad WRTL wanted to run.

In 2006, WRTL sought to run an ad regarding the Child Custody Protection Act (CCPA) that asked people to contact Senators Kohl and Feingold to urge them to stop efforts by the Senate leadership to hold up the bill.  At the time, Senator Kohl was a candidate running for reelection.

The text of the CCPA ad, which WRTL sought to run at a time when Senator Kohl was a candidate, is as follows (without the legally required disclaimer):

"Listen up parents. Wisconsin requires parental consent before your minor daughter can have an abortion.  But, she can be taken to Illinois for an abortion that is kept secret from you.  Imagine, your daughter can be taken across state lines for a major surgical procedure without your knowledge or consent.  The U.S. Senate recently passed a bill to protect parents from secret abortions.  Fortunately, Senator Kohl voted for the rights of parents.  But sadly, Senator Feingold did not.  Your help is urgently needed because some Senators are holding up further action on the bill.  Please call Senators Kohl and Feingold at 202-224-3121 and urge them to stop efforts by the Senate Democratic leadership to hold up a bill which will prevent secret abortions.  That's 202-224-3121."

Yesterday, the FEC filed a joint motion asking the D.C. District Court to enter judgement against the FEC and in favor of Wisconsin Right to Life in its as-applied challenge to the "electioneering communication" prohibition regarding the 2006 ad that WRTL wanted to run.  The motion was joined by WRTL and the intervenors (Senator McCain and other primary sponsors of the McCain-Feingold law). 

This motion, and a similar one filed last week in Christian Civic League of Maine (CCL v. FEC), are significant because they establish that "genuine issue ads" may a) state the position of the named candidate on an issue and (b) criticize or praise the candidate's position on the issue. 

When the U.S. Supreme Court issued it June 25 ruling, it held that the "electioneering communication" prohibition was unconstitutional as applied to three anti-filibuster grassroots lobbying ads that WRTL wanted to run in 2004.  The Court said that in any case where there is doubt as to whether the test is met, "[t]he First Amendment requires us to err on the side of protecting political speech rather than suppressing it" and "[w]e give the benefit of the doubt to speech, not censorship."

Yesterday, the FEC and the intervenors conceded that WRTL's Child Custody Protection Act ad is a genuine issue ad and is constitutionally protected.

James Bopp, Jr., lead counsel for WRTL, states, "In two cases now, the FEC and the campaign finance 'reform' lobby have conceded that the government may not silence groups who state and criticize or praise politicians' positions on issues.  This recognizes the profound change that occurred when the Supreme Court decided FEC v. Wisconsin Right to Life.  And the ads in CCL v. FEC and WRTL v. FEC provide useful templates for advocacy groups seeking a safe harbor for their own genuine issue ads."

Updated on RARTL July, 2007