Posted on 07/22/2003 10:03:04 AM PDT by freepatriot32
(Washington, DC) - The American Center for Law and Justice, an international public interest law firm specializing in constitutional law, announced today it has filed a brief with the U.S. Supreme Court asking the high court to uphold a lower court decision that struck down as unconstitutional a provision in the campaign finance law that prohibits persons aged 17 years and younger from donating to the campaigns of candidates.
"The campaign finance law clearly targets minors in a fashion that is both discriminatory and unconstitutional," said Jay Sekulow, Chief Counsel of the ACLJ, which successfully challenged the provision barring political donations by minors. "The ban is severely flawed and strikes directly at the heart of the First Amendment. One of the most fundamental rights of all Americans is to participate in the electoral process. The lower court correctly determined that the ban against contributions from minors violates those constitutional freedoms. We urge the Supreme Court to let that decision stand."
The ACLJ represents six young people in the case and filed suit challenging the provision of the campaign finance law that targeted minors. The young people being represented by the ACLJ are all under the age of 18. They are politically active and have volunteered to work in electoral campaigns - but under the law were prohibited from making monetary contributions to the campaigns.
The ACLJ successfully convinced a special three-judge federal panel that the minor provision was unconstitutional and the panel unanimously struck down that provision in May. The case is now at the Supreme Court which will hear arguments on the entire campaign finance law - including the provision affecting minors - in September.
In its brief filed with the Supreme Court, the ACLJ contends the "flat ban on political donations by minors flouts several constitutional norms relevant to laws affecting associational freedoms and expression." The brief states: "While it is true that minors do not possess the right to vote, it is certainly true that they possess the right to freedom of speech and of association. And while it is true that minors do not possess the right to vote, it is just as true that they pay taxes on the income they earn. But Section 318 tramples these fundamental rights of every minor."
The brief is posted at the ACLJ web site at www.aclj.org. The American Center for Law and Justice is a public interest law firm specializing in constitutional law. The ACLJ is based in Washington, D.C.
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