Soft money constitutional

ATLANTA: The Southeastern Legal Foundation today hails Alaska federal district court Judge James K. Singleton's decision in the nation's first campaign finance "soft money" case since McCain-Feingold legislation passed the U.S. Senate earlier this year. (Jacobus, et al v. State of Alaska, et al, Case No. A97-0272). The Foundation's campaign finance litigation team, which won a 1999 U.S. Supreme Court decision banning the use of Census statistical sampling for congressional apportionment, and its chief advisor former Independent Counsel Kenneth Starr, are preparing for a potential constitutional challenge against provisions of McCain-Feingold and Shays-Meehan legislation.

"The Alaska decision, which will undoubtedly be appealed to the liberal Ninth Circuit federal Court of Appeals, clearly defines a constitutional right to participate in the political process through contributions for issue advocacy," said Phil Kent, SLF President. "Issue advocacy and the ability of individuals, corporations, and unions to spend money to promote political ideas is indeed a form of protected free speech."

Judge Singleton's decision affirmed the constitutionality of a state ban on corporate and union soft money contributions to political parties for the purpose of electing candidates. However, he made clear that "corporations still have First Amendment rights to engage in activities in which the threat of corruption is absent such as when corporations are engaged in constitutionally protected activities (i.e. soft money activities such as issue advocacy) . . .."

"Ken Starr and our legal team reiterate that current campaign finance 'reform' legislation before Congress is no reform at all, but rather a series of gag rules on free speech and price-fixing on soft money campaigning," said Kent. "Judge Starr and SLF join with nearly every reputable legal scholar in the nation in giving fair warning to Congress -- current bills violate constitutionally protected rights. As such, they will not stand, and we will ensure that result in court."

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