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NRA Will Take Shays-Meehan Bill To Supreme Court If It Passes
CNSNews.com ^ | 2/13/02 | Jeff Johnson

Posted on 02/13/2002 5:14:57 PM PST by kattracks

Capitol Hill (CNSNews.com) - The substitute campaign finance bill proposed by Reps. Christopher Shays (R-Conn.) and Martin Meehan (D-Mass.) is headed for a vote late Wednesday night or early Thursday morning, after two attempts to replace the bill failed.

But Rep. Henry Hyde (R-Ill.) is concerned about the constitutional implications and political ramifications of the bill, if it becomes law in its current form.

"This legislation tells democracy to shut up and sit down," said Hyde, arguing for an amendment to the Shays-Meehan substitute. "Political advocacy is strangled, not encouraged."

Hyde's amendment failed.

Now the nation's largest Second Amendment rights group says it is willing to go to court, if necessary, to preserve its First Amendment rights.

The National Rifle Association is one of many issue advocacy groups that have criticized the various versions of the Shays-Meehan bill, and its Senate companion McCain-Feingold, for infringing on the free speech and free association rights of its members.

"This legislation, in its latest of numerous incarnations, continues to contain provisions that would severely limit the ability of individual and like-minded Americans to participate in the legislative and political arenas, as guaranteed by the First Amendment to the U.S. Constitution, while the big media conglomerates and politicians are exempted," the group said in a press release Wednesday.

At the heart of the NRA and other issue groups' contention with the bill is an "electioneering blackout" provision that would ban most third parties from using the name of a federal candidate for 30 days prior to a primary election and 60 days prior to a general election.

David Mason, the chairman of the Federal Election Commission (FEC) told CNSNews.com Wednesday that the provision is almost certainly unconstitutional and definitely unenforceable. He says such a "blackout" would only create a window for incumbents to introduce controversial legislation with little fear of criticism.

Issue advocacy groups could bypass the ruling by complying with new rules that would essentially force them to create Political Action Committees (PACs) and to disclose their contributors' names to the FEC. Opposing candidates and media outlets would be exempt from the regulations.

"Why are the First Amendment rights of the media more important than those of American citizens?" asked the NRA. "Where in the Constitution does it allow politicians to subvert the First Amendment?"

NRA chief lobbyist, James J. Baker, is equally upset about the process supporters used to bring Shays-Meehan up for a vote.

"We are amazed as Congress seeks to 'reform' the process and seeks more 'public disclosure,'" Baker said, "that the amendments that will be offered were not even made public until the night before votes would take place, less than 24 hours before the votes are cast."

Baker says the group is ready to act if the bill passes with the "electioneering blackout" in place.

"Regardless of the final disposition of the 'campaign finance reform' legislation," he said, "we have no choice but to unalterably oppose this sweeping attack on the First Amendment rights of all Americans."

NRA Chief Executive Officer Wayne LaPierre says the group is willing to take whatever steps are necessary to protect the rights of gun owners to advocate for their political beliefs.

"Shays-Meehan attacks the very heart of the First Amendment. We will fight this infringement right up to the U.S. Supreme Court on behalf of all Americans," LaPierre added. "Fairness and free speech cannot be victims of politics."

E-mail a news tip to Jeff Johnson.

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To: Paul C. Jesup
Mr. Jesup,
You nailed it. The NRA has gone full tilt.
(see #37 above.) They've supported federal aquisition of private property.
Whores.
41 posted on 02/13/2002 7:52:53 PM PST by sasquatch
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To: habs4ever
"bump....and time to run a decent challenger against that dirtbag Shays!There has to be someone in Greenwich that take this jerk on!"

Wasn't Ann Coulter threatening to run at one time. Is she in Shays' district?

42 posted on 02/13/2002 8:06:42 PM PST by NH Liberty
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To: NH Liberty
She talked about it in '99, but she lives in Washington.But...hell..so does he!! I'm afraid its RINO country, or they are all too indifferent to care.
43 posted on 02/13/2002 8:11:15 PM PST by habs4ever
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To: kattracks
Does the fact that this legislation treats certain groups and individuals differently make it an equal protection issue? An individual can't run an ad to voice his political opiniion about a candidate but a news anchor or a union paid ad can spout off any rhetoric desired. I would think that this is also an equal protection issue as well as violation of the 1st. Any thoughts on this?
44 posted on 02/13/2002 8:12:27 PM PST by BOBWADE
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To: sasquatch
sasquatch said [of the NRA]: "Be careful whom you align with."

When you have been a member for five years, I believe that you are entitled to vote for the directors who control the organization. I am looking forward to that time. Just as the red-zone will become more red with my arrival, the NRA will become more pro-Constitution when I have achieved voting status.

I don't believe that the economic troubles of K-Mart and Sara Lee, and the decline in the visibility of Rosie are just coincidence. I believe that the economic clout of gun-owners is an underestimated but very powerful tool for the preservation of our rights.

45 posted on 02/13/2002 8:36:10 PM PST by William Tell
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To: Paul C. Jesup
Those things that bind us together as a republic are very fragile in some ways. Free spech and the right to change the political reality by means of freely electing people without fear of the state arresting supporters of a candidate or a position for reaching out to others is so essential that abrogation of that principle almost guarantees bloodshed. It removes the patina of legitamacy from governmental acts. Those who support this legislation are looking to turn the cities of this nation into Mogadishus or Beruits and thst is not something that should be anticipated.

Stay well - Stay safe - Stay armed - Yorktown

46 posted on 02/13/2002 8:42:14 PM PST by harpseal
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To: nicmarlo
I hope the Supreme Court takes it and the law is overturned as unConstitutional.

Ditto!

47 posted on 02/13/2002 8:43:46 PM PST by Salvation
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To: Rensselaer
Not to reverse myself...

I think you just did.

If you still want to make a wager on Bush NOT vetoing, I'll take the bet. (That is, if it comes to his desk the way it is now, without the banning of soft money being effective for this election).

48 posted on 02/13/2002 9:09:43 PM PST by Knight2Remember
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To: nicmarlo
It looks like Fleischer is giving a reason why the President is going to veto the Bill unless that provision about repayment of debts is eliminated. The Democrats have outsmarted themselves.
49 posted on 02/13/2002 9:12:48 PM PST by stimulate
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To: rwfromkansas
You appear to be correct...I searched the ACLU's website, and they appear to oppose it, as well as Planned Parenthood (!?). This appears to be a little old, but presumably accurate:

http://www.aclu.org/news/2001/n071201b.html
50 posted on 02/13/2002 11:14:35 PM PST by pragmatic
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To: nicmarlo
NRA Life Member--locked and loaded. The checkbook is open. Time to ante up and kick in.
51 posted on 02/14/2002 2:19:19 AM PST by RushLake
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To: kattracks
Will the NRA also prosecute itself, for the absurd support of the socialistic & authoritarian CARA? In future, which Constitutional provisions will they simply ignore, allowing the federal government to TAKE ALL of my PROPERTY, INCOME & FREEDOM? Looks like the highly political leaders of the NRA are suddenly concerned about their room to manuever & make deals. Too bad they are beyond the concerns of their lowly members & the property owners of this country.
52 posted on 02/14/2002 2:37:18 AM PST by TEXICAN II
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To: habs4ever
"I'm afraid its RINO country, or they are all too indifferent to care."

Maybe she could "play it down" during the election for the vast unwashed.

Wouldn't it be fabulous to have her replace Shays? She's a bulldog! (I mean that as a compliment, of course!)

53 posted on 02/14/2002 3:40:12 AM PST by NH Liberty
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To: nicmarlo
I hope the Supreme Court takes it and the law is overturned as unConstitutional.

Oh, SCOTUS will get to it, after the appeals unless it somehow gets expedited to them. SCOTUS will overturn the bill.

The real hope of the supporters of the sham of a law only want to use it to get through this fall's election. And the NRA is their real target for silencing.

54 posted on 02/14/2002 4:42:46 AM PST by woofer
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To: sasquatch
The NRA only supported one provision out of ten. That is hardly supporting the bill. Get your facts straight.

A person can always find more excuses to do nothing than to do something.

55 posted on 02/14/2002 4:54:22 AM PST by Shooter 2.5
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To: TEXICAN II
You had a chance to vote out the NRA board of directors in this April's election. Apparently you're choosing to sit on the sidelines and do nothing. The NRA was supporting only one provision out of ten in CARA. Get your facts straight.

A person can always find more excuses to do nothing than to do something.

56 posted on 02/14/2002 4:58:47 AM PST by Shooter 2.5
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To: who knows what evil?
"This legislation tells democracy to shut up and sit down," said Hyde

That pretty much sums it up. Before my life is out, in 30 years or so, my typing this sentence will result in the Thought Police coming to cart me away for a long interrogation on my AntiState Thought Crimes.

57 posted on 02/14/2002 4:59:28 AM PST by Lazamataz
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To: stimulate
It looks like Fleischer is giving a reason why the President is going to veto the Bill unless that provision about repayment of debts is eliminated. The Democrats have outsmarted themselves.

One can only hope so......however, if those two White House sources are to be relied upon and believed, the President may not veto, he may let it go to Supreme Court for overturning.....one can only hope it will do so.

58 posted on 02/14/2002 5:05:31 AM PST by nicmarlo
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To: virgil
There's got to be something wrong with it if they're not complaining

Yeah....where's the big mouth ACLU? They're always sticking their noses where it doesn't belong.....why don't they champion real civil rights transgressions?

59 posted on 02/14/2002 5:06:57 AM PST by nicmarlo
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To: virgil
They supported the advertisement against Bush while he was running.....you know, the one of the black man being dragged by that truck with the chains.....wouldn't that be disallowed now? That'd be soft money, I think.
60 posted on 02/14/2002 5:08:43 AM PST by nicmarlo
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