Since when does free speech equal pollution?

Feb. 14, 2002

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation today announced its intention to file a federal constitutional challenge to Shays-Meehan, which passed the U.S. House early this morning, should it be signed into law by the President. "Certain provisions in Shays-Meehan reduce free speech and equal protection to political bargaining chips," said Phil Kent, SLF President. "This will not stand the test of court scrutiny."

SLF attorneys point out that the bans on issue advocacy ads 60 days from a general election and 30 days from a primary are central to potential constitutional court claims.

"In a particularly demagogic speech, Shays' advocate U.S. Rep. John Lewis (D-GA) said that the political system is polluted and that free speech is not at stake," said Kent. "Under Shays-Meehan, the authors of The Federalist Papers may have suffered prison time and heavy fines, an irony that underscores the fundamental nature of political speech."

Kent points out that Shays-Meehan, and its companion bill in the U.S. Senate, McCain-Feingold, have no provisions for strengthening enforcement of election laws already on the books. "The 'reformers' beat back the effort to limit the bill's provisions to simple bans on soft money, opting for the more comprehensive bans on free speech, which raises serious questions about their real agenda," said Kent. "Rather than focusing on attacking alleged corruption problems by strengthening enforcement and disclosure laws, the Shays-Meehan crowd has laid waste to the First Amendment."

Kent also notes that special provisions exempting American Indian tribes from the Shays-Meehan/McCain-Feingold regime "offend the very notion of equal protection. Now, some are more equal than others."

SLF plans to announce its team of attorneys and plaintiffs in the potential constitutional lawsuit in the coming weeks.

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