Focus on the Family - Grassroots Organizations Fight for Right to Run Advertisements

April 25, 2007
by Wendy Cloyd, Assistant Editor, CitizenLink.com, Focus on the Family

The U.S. Supreme Court heard oral arguments today in challenges to the campaign finance reform law.

The McCain-Feingold Bipartisan Campaign Reform Act of 2002 prevents groups from running ads that mention a federal candidate within 30 days of a primary or 60 days of a general election.

Wisconsin Right to Life (WRTL) filed suit seeking to run ads during the blackout periods.

Jim Bopp, lead counsel for WRTL, said the First Amendment protects the right of citizens to criticize their government.

During these blackout periods when its a federal crime to mention the name of a candidate in a broadcast Congress is in session and theyre voting on extremely important matters, he said. Incumbent members of Congress are trying to get a 'twofer.' They passed this law, which prohibits election-related ads, and now they would like to see it apply to grassroots lobbying.

Bopp said that's contrary to assurances that McCain-Feingold would not affect the grassroots.

Bruce Hausknecht, judicial analyst for Focus on the Family Action, said McCain-Feingold intrudes heavily upon the right of grassroots groups to comment on issues before Congress.

Even assuming, for the moment, that the law has a legitimate purpose -- which is arguable at best -- it goes way beyond anything reasonable, Hausknecht said. It tramples on the free-speech rights of grassroots organizations, preventing citizens from getting valuable information they need to know at the critical moment when Congress is debating an issue.

He said he hopes the Court takes the necessary action to restore the pre-eminence of political speech in the public square.

Jay Sekulow, chief counsel for the American Center for Law and Justice, called on the Court to restore fairness and freedom.

By banning issue advertisements by grassroots lobbying organizations in the days leading up to an election, there is a significant bias in place, he said. [It ] puts these organizations at a distinct disadvantage in speaking out on the cultural and political issues that matter most.

Bopp said the case will demonstrate how "judges matter."

Its really important," he said, "to have judges that are willing to give full meaning to the constitutional protections that we enjoy as citizens.

The cases are McCain-Feingold v. Wisconsin Right to Life and FEC (Federal Elections Commission) v. Wisconsin Right to Life.