Supreme Court Urged to Clear Way for Issue Advertising Prior to Elections

By 

Jay Sekulow

|
June 24, 2011

2 min read

Free Speech

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Today we filed an amicus brief with the Supreme Court of the United States asking the high court to remove the blackout periods prior to primary and general elections that prohibit issue advertising.
 
The work of the government does not cease in the days leading up to an election, and those who seek to comment on key political and cultural issues should not be silenced during that period.  This country has a long and treasured history of protecting the ability of its citizens to address the most important political and cultural issues of the day.  To that end, citizens enjoy a fundamental right to petition for a redress of grievances.   To prohibit the use of genuine issue advertisements by grassroots lobbying organizations 30-days before a primary election and 60-days before a general election is not only wrong, but violates that sound constitutional principle.  The Supreme Court has an important opportunity to end this censorship and should do so without hesitation.
 
We filed an amicus brief on behalf of ourselves as well as 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 leading up to an 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 cases being considered are consolidated:  FEC v. Wisconsin Right to Life (No. 06-969) and McCain v. Wisconsin Right to Life (No. 06-970).  The Supreme Court is scheduled to hear oral arguments in these cases on April 25, 2007.