Hidden agenda from so-called "reformers"

November 6, 2002

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation, co-counsel, plaintiff and chief funder of the McConnell, et al v. FEC, FCC constitutional challenge against the Bipartisan Campaign Reform Act (BCRA), today warns of "hidden peril" to all issue advocacy groups and political parties with the new law taking effect on November 6.

"The new law profoundly restricts and makes illegal many common, constitutionally protected practices used by corporations, organizations and unions to make their voices heard on issues related to federal candidates," said Phil Kent, SLF president. "The new 'reform' law is in fact the worst gag on free speech and best incumbency protection plan ever devised by the U.S. Congress."

Although provisions of the new law increasing individual contribution limits to federal candidates from $1000 to $2000 per year went into effect some months ago, the full impact of the new law will now be felt by hundreds of special interest and advocacy organizations representing millions of Americans' point of view on various issues. Consider the following scenarios now verboten by the new law:

* A lobbyist for a corporation discusses an issue with a federal elected official or candidate. The corporation later pays for a TV or radio ad either in support of or opposition to that issue. Under BCRA, the lobbyist and corporation could be subject to prison time and fines for illegal "coordination" of activity with a candidate.

* A corporation or group hires a former employee of a federal elected official or a political party. The new employee communicates with elected officials and candidates, or directs advertising efforts on behalf of the corporation or group to influence public opinion on issues considered by the elected official. Under BCRA, the new employee and the corporation or group could be subject to prison time and fines.

* A corporation or group uses a vendor for purposes of direct mail, TV, radio, internet or other mass marketing purpose. The same vendor provides services for a candidate for federal office. The corporation or group may decide to stake out a position on an issue and utilize TV or radio either directly or through a professional association. Under BCRA, the vendor and the corporation or group may be subject to prison time and fines.

* A trade association decides to reprint and distribute campaign literature from a specific candidate for federal office. Under BCRA, the trade association could be subject to prison time and fines for illegal "coordination" of activity with a federal candidate.

"The scenarios underscore the absurdity of the new law," said Kent. "The reality is, the new law makes it practically impossible for constitutionally protected free speech to criticize federal officeholders - effectively silencing millions of Americans who speak by pooling their resources through advocacy groups. The effect will be stunning and shameful."

The McConnell omnibus federal constitutional challenge will be heard by a special three-judge panel in the DC Court of Appeals on or about December 4, 2002, followed by direct appeal to the U.S. Supreme Court. Phil Kent is available for comment on the hidden impact of the new law.

For More Information Contact:
Media Relations
media@southeasternlegal.org
(404) 365-8500