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Groups Disappointed By Supreme Court Decision on Campaign Finance Law
CNS News ^ | 12/10/03 | Melanie Hunter

Posted on 12/10/2003 4:07:19 PM PST by truthandlife

In reaction to Wednesday's Supreme Court ruling on the McCain-Feingold campaign finance law, a public interest law firm, which represented the rights of minors before the high court, expressed disappointment that the court upheld the ban on advocacy advertising.

The Supreme Court ruled that a ban prohibiting minors under the age of 18 from making monetary contributions to political campaigns of their choice was unconstitutional. The court also ruled constitutional a ban on advocacy advertising.

"The unanimous decision to uphold the constitutional rights of young people to participate in a key area of the electoral process represents an enormously important First Amendment victory," said Jay Sekulow, chief counsel for the American Center for Law and Justice.

"The decision clears the way for young people to exercise their First Amendment freedoms in the context of a political campaign. The decision sends a strong message that the First Amendment rights of freedom of speech and association for young people must be protected," Sekulow said.

In striking down the ban on minors, the court said that "minors enjoy the protection of the First Amendment" adding that "limitations on the amount that an individual may contribute to a candidate or political committee impinge on the protected freedoms of expression and association."

But Sekulow was less than pleased with the court's ruling on advocacy ads.

"While it is encouraging that the high court acted to protect the constitutional rights of minors, it is unfortunate that the court turned its back on protecting the constitutional rights of advocacy groups," said Sekulow.

"By upholding the constitutionality of the law's advertising ban, advocacy groups will be effectively shut out of being able to express their opinions and views on the moral and cultural issues that play a key role in elections," Sekulow added.

"The free speech rights of minors were protected, but the free speech rights of other Americans suffered a serious setback with this decision," Sekulow concluded.

Other groups, like the National Rifle Association, agreed with the ACLJ's condemnation of the court's ruling on advocacy ads.

"This is a sad day for the Constitution, but the 4 million members of the NRA will continue to be heard. That I can promise," said NRA Executive Vice President Wayne LaPierre in a statement.

"Today's decision begins a new era in free speech analysis for constitutional scholars, but marks a terrible day for millions of Americans who were once able to make their voices heard through the nation's airwaves and broadcast channels," said L. Lynn Hogue, executive director for the Southeastern Legal Foundation.

"It is no longer clear going forward exactly what 'protected political speech' is, and that can only have a damaging effect on a free, democratic society," Hogue said.

"BCRA will turn out to be a full employment bill for the lawyers and accountants who will be required to steer even ordinary citizens who want to speak out on politicians and political issues through the legal labyrinth that Congress created in this law. Free speech took a hard knock with this decision," added Hogue.

In its role as counsel for the Chamber of Commerce of the United States, the National Chamber Litigation Center (NCLC) said it was disappointed by Wednesday's Supreme Court decision to uphold changes to campaign finance laws, making it more difficult for voters to learn about candidates and issues in the days before an election.

"Prohibiting the use of TV and radio ads in the days and weeks just before an election will blindfold voters just as they are interested in learning about the candidates and the issues," said Thomas Donohue, Chamber and NCLC President and CEO. "This decision is a disappointing step back toward less information, fewer options and restricted speech."

"The decision will affect the means of our political efforts, but not our commitment," said Donohue. "The issues of government taxes, spending, federal regulations and legal reform are too important for the business community, for workers and for the economy. We will continue to follow the law on political activity and we will continue to be the voice of business."

Supporters of the law, including the bill's sponsors Sens. John McCain (R-Ariz.) and Russ Feingold (D-Wisc.), and Reps. Christopher Shays (R-Conn.) and Marty Meehan (D-Mass.) applauded the court's ruling on the Bipartisan Campaign Reform Act of 2002.

"This opinion represents a landmark victory for the American people in the effort to reform their political system. Now that the Court has spoken, we must make sure that the law is properly interpreted and enforced," they wrote in a statement.

As some expected, the court also upheld a ban on so-called soft money political contributions. But the court had no illusions about the ability of some to get around the restrictions.

"We are under no illusion that [the law] will be the last congressional statement on the matter. Money, like water, will always find an outlet. What problems will arise, and how Congress will respond, are concerns for another day," Justices John Paul Stevens and Sandra Day O'Connor wrote for the majority.


TOPICS: Front Page News
KEYWORDS: 1st; aclj; ammendment; cfr; johnpaulstevens; mccainfeingold; nclc; nra; oconnor; scotus

1 posted on 12/10/2003 4:07:20 PM PST by truthandlife
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To: truthandlife
It's little wonder that the tiny band of totalitarians who sit on the Supreme Court felt it useful to ban advocacy advertising.

They need to be removed and put in a place where they are no longer allowed to hurt people.

All groups should immediately campaign for the impeachment of those justices and their subsequent conviction for warring against the Republic.

2 posted on 12/10/2003 4:11:42 PM PST by muawiyah
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To: truthandlife
We have once again been let down by our government. Republicans and democrats in positions of authority have overstepped their bounds. Is it time for change? Is it time for Americans to utilize our rights to abolish government to once again make it for the people? I think the time is getting near.
3 posted on 12/10/2003 4:16:39 PM PST by vpintheak (Our Liberties we prize, and our rights we will maintain!)
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To: vpintheak
I remember being so excited to have a "solid republican" in office. It seems that there is no longer a significant difference between the two parties. We now have bigger government than ever and the constitution is hanging by a mere thread.

These neo cons can cheer all they want but for each step forward (towards liberty) we take two steps back (toward socialism).

Are there no more true conservatives in the republican party......anyone with the guts to be conservative without apologizing for it and passing crap like this that...crap that out clintons clinton? All Bush had to do was veto it. Everyone here said he was just being strategic...that he knew the courts would shoot it down. How about just being a conservative and veto the stupid bill in the first place. It's easy. He's the pres. that's what a president does. What would have been the negative consequenses of that? I would have been cheering, you would have probably been cheering. Now I have to scratch my head and ask myself if he's really a republican because we've become much less free with bills like this and the patriot act. What about the constitution our leaders have sworn to uphold. There's not much left, is there?
4 posted on 12/10/2003 4:41:29 PM PST by dotdash
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To: truthandlife
http://www.Dictionary.com has 3 definitions for the word plutocracy:

*Government by the wealthy.
*A wealthy class that controls a government.
*A government or state in which the wealthy rule.

In the USA, 1% controls over 40% of the nation's wealth.

Hmmmm....
5 posted on 12/10/2003 4:49:15 PM PST by Analyzing Inconsistencies
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To: muawiyah
All groups should immediately campaign for the impeachment of those justices....

Since the law was passed by Congress and signed by the President, shouldn't your campaign start with those officers, each of whom swore to uphold the Constitution?

6 posted on 12/10/2003 5:15:28 PM PST by Looking for Diogenes
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7 posted on 12/10/2003 5:15:41 PM PST by Bob J (www.freerepublic.net www.radiofreerepublic.com...check them out!)
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To: muawiyah
All groups should immediately campaign for the impeachment of those justices and their subsequent conviction for warring against the Republic.

Given that the judges are merely upholding the statute passed by the majority of the currently-sitting legislators, by what logic could impeachment even be considered?

8 posted on 12/10/2003 5:37:37 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: truthandlife
Somebody got to O'Connor. 900 guesses who ..??
9 posted on 12/10/2003 5:49:55 PM PST by CyberAnt (America .. the LIGHT of the World)
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To: truthandlife
Hmmm... sounds like Liberals are gonna be hurt more by this than Conservatives...
10 posted on 12/10/2003 6:34:38 PM PST by pabianice
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To: supercat
Impeachable offenses are those determined to be so by the Congress at the time.

Even though the "majority" voted for the law, they did so feeling the SC would overturn the unconstitutional parts.

Obviously that "majority" should not be given the privilege of seppuku, but that's a different issue.

It is arguable that when Congress bounces a question over to the SC that it is the SC's duty to toss out whatever laws are involved and bounce it back to Congress. The SC here did not do that and should therefore be punished by removal and hard time at a maximum security penitentary.

11 posted on 12/10/2003 6:43:09 PM PST by muawiyah
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To: truthandlife
I remember when Bush signed McCain/Feingold. All the Bushbots said that the Supreme Court would overturn the most egregious provisions so Bush did the right thing.

What say you now, Bushbots?

12 posted on 12/10/2003 7:35:02 PM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: muawiyah
It is arguable that when Congress bounces a question over to the SC that it is the SC's duty to toss out whatever laws are involved and bounce it back to Congress. The SC here did not do that and should therefore be punished by removal and hard time at a maximum security penitentary.

Congress is free to repeal the CFR if it wants to. It doesn't need the Supreme Court to do it for them.

13 posted on 12/10/2003 11:06:15 PM PST by Looking for Diogenes
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