Supreme Court Urged to Clear Way for Issue Advertising before Elections | American Center for Law and Justice
  Search  |  Login  |  Register

By Jay Sekulow1308957951000

Today the Supreme Court of the United States has an important opportunity to protect free speech by removing the blackout periods prior to primary and general elections that prohibit issue advertising.


The Supreme Court should restore the ability of organizations to speak out on key issues in the days leading up to an election by removing a ban on advertising.  The issue that is front and center is free speech.  By banning issue advertisements by grassroots lobbying organizations in the days leading up to an election, there is a significant bias in place putting these organizations at a distinct disadvantage in speaking out on the cultural and political issues that matter most.  The McCain-Feingold provisions established speech free zones.  Its time for the Supreme Court to end this censorship and declare these speech free zones unconstitutional.

 

The Court is hearing oral arguments in the consolidated cases of  FEC v. Wisconsin Right to Life (No. 06-969) and McCain v. Wisconsin Right to Life (No. 06-970).  We filed an amicus brief with the high court on behalf of itself and Focus on the Family, a non-profit religious corporation committed to strengthening the family.  In our brief, we urged the high court to remove the prohibition of grassroots lobbying organizations from taking part in issue advertising 30-days before a primary election and 60-days before a general election.

 

The brief asserts:  Because the business of governing continues, the business of the People, that is, the business of giving instructions to their elected representatives continues.  And, likewise, the business of seeking redress of grievances continues.  When Congress enacted the Bipartisan Campaign Reform Act of 2002, it acted in derogation of these facts and to the detriment of the right of the people to petition for a redress of grievances through the use of genuine issue advertisements by grassroots lobbying organizations.  The right to petition is fundamental, and warrants this Courts close guardianship.

 

The Supreme Court will issue its opinion in the case before the end of the term this summer.

 

Latest in
Free Speech

IRS Continues Religious Targeting

By Jay Sekulow1452802669572

A new bombshell government report confirms fears that the Obama Administration’s IRS is still targeting conservative groups based on “religious” and “political” views. The Government Accountability Office (GAO) report requested by Members of Congress reveals further proof of what we’ve been arguing...

read more

The IRS backs down

By Jay Sekulow1452291239789

Americans spoke out. And the Internal Revenue Service (IRS) listened. A new regulation proposed by the IRS would have some nonprofit charities report the Social Security numbers of donors giving at least $250 in one year. The regulation would permit, but not require, charitable organizations to...

read more

ACLJ Takes On Angry Atheists’ Demand

By Benjamin P. Sisney1451580328895

The Freedom from Religion Foundation (FFRF) has demanded that private hotel chains remove Gideon-placed Bibles from their hotel rooms. The ACLJ has responded, on behalf of more than 178,000 Americans, sending a letter to set the record straight to each of the hotels harassed by FFRF. As we’ve...

read more

ACLJ Forces IRS to Comply with the Law

By Carly F. Gammill1451508978615

The ACLJ has secured an important victory in our Freedom of Information Act (FOIA) case against the IRS on behalf of Citizens for a Strong New Hampshire. After a year of litigation, which followed over four months of waiting for the IRS to respond to its FOIA request, we finally succeeded in...

read more