Defending First Amendment Paramount

April 10, 2002

WASHINGTON, DC: The Southeastern Legal Foundation, an Atlanta-based constitutional public interest law firm, today announced that Foundation attorneys -- along with five (5) plaintiff organizations it represents in a constitutional court challenge against Shays-Meehan -- will join U.S. Sen. Mitch McConnell (R-KY) in his omnibus federal court lawsuit against the new campaign finance law.

"Along with our plaintiffs, including Southeastern Legal Foundation, our attorneys will join the critical legal contest that will, like its landmark predecessor Buckley v. Valeo, undoubtedly help define the ways in which the American people will engage in public political dialogue under the parameters of the U.S. Constitution," said Phil Kent, SLF President. "We are proud to associate our team with Senator McConnell, Kenneth Starr, and Floyd Abrams, and we look forward to working with representatives of organizations spanning the ideological spectrum who share concern about the First Amendment."

"Many politicians are concerned about politics and incumbency protection, while we are concerned about the Constitution," Kent added.

SLF plaintiffs include U.S. Rep. Bob Barr (R-GA); The National Right To Work Committee; ProEnglish; The 60 Plus Association; The Center for Individual Freedom; and, Southeastern Legal Foundation itself. The Southeastern Legal Foundation, founded in 1976, has participated in several successful U.S. Supreme Court cases, including the 1999 decision challenging the Clinton plan to use statistical sampling in Census 2000 for congressional apportionment (Clinton, et al v. Glavin, et al). SLF began preparations for a legal challenge against Shays-Meehan in 2001, working with Judge Starr and former U.S. Attorney General Edwin Meese III, an SLF Trustee.

"Our group of plaintiffs believe that by consolidating the legal challenge at this time, rather than doing so by court order under the Shays-Meehan expedited review provisions, will yield maximum results in an omnibus challenge to multiple provisions of the new law," said Kent. "We anticipated this move, and we applaud Senator McConnell for his tireless efforts in defense of the First Amendment."

SLF has long maintained that certain provisions of Shays-Meehan, including the ban on issue advocacy advertising 60 days from a general election and 30 days from a primary, as well as prohibitions on so-called "coordination" of contact between advocacy groups, individuals, and candidates for federal office, is a facial violation of First Amendment free speech and freedom of association protections. The Shays-Meehan bill provides for expedited federal court review before a three-judge panel, followed by direct appeal to the U.S. Supreme Court.

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