Constitutional law firm weighs in on campaign finance reform

February 13, 2002

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation today ripped as "unconstitutional" aspects of Shays-Meehan and McCain-Feingold campaign finance "reform." SLF won a 1999 U.S. Supreme Court decision banning the Clinton plan to use statistical sampling for Census 2000, and has promised a similar legal attack on provisions of so-called campaign finance reform. Consider the legal analysis of certain Shays-Meehan provisions and proposed amendments:

Banning issue advocacy ads 60 days from general election, 30 days from primary.
UNCONSTITUTIONAL. The most protected of all free speech is political free speech. Even congressional lawyers reviewing the bill have noted the dangerous "perception that the First Amendment is a loophole that must be closed." Constitutionally protected free speech is never a loophole, and is always a fundamental right. U.S. Supreme Court Justice Louis Brandeis wrote, "The freedom to think as you will and speak as you think are means indispensable to the discovery of political truth...the answer is more speech, not enforced silence."

Special exemptions from restrictions for certain groups, including American Indian tribes.
UNCONSTITUTIONAL. Under the 5th, 14th Amendment Equal Protection clauses, persons must be treated the same under the law, particularly "similarly situated" persons. Under Shays-Meehan, some are more equal than others.

Require broadcasters to provide lowest possible rates for political ads.
UNCONSTITUTIONAL. Under the 5th Amendment "takings" clause, individuals and corporations enjoy property rights -- even in the course of commerce -- that cannot be taken by government without just compensation.

Amendment -- raise funding limits for candidates running against "wealthy" candidates.
POTENTIALLY UNCONSTITUTIONAL. Possible violation of Equal Protection clauses, treating similarly situated people differently.

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