Campaign finance bills won't stand constitutional scrutiny

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation today called on leaders in the U.S. House of Representatives to begin hearings on the constitutional implications of McCain-Feingold and Shays-Meehan provisions restricting advocacy advertising and mandating television and radio rates.

"McCain-Feingold and Shays-Meehan are not reform -- they are gag rules on free speech and price-fixing on equal protection guarantees," said Phil Kent, SLF President. "We intend to make it clear, whether in hearings before Congress or in court, that the rule of law must prevail over the appearance of the necessity to 'reform' campaign finance rules."

Kent, who met with House leaders and media in Washington this week, urged House members to use caution as they "approach the sacred ground of free speech."

"I shared our concern about the free speech restrictions on advocacy advertising, as well as the price and access mandates on television and radio advertising," said Kent. "Any special exemption from the soft money measures, such as the American Indian tribes' exemption from soft money limits, also pose serious equal protection problems."

"We refuse to accept the word 'reform' as it is currently connected to 'campaign finance' and McCain-Feigold," said Kent. "Instead, we have chosen to use 'gag rules' and 'price fixing' to help establish in the minds of the American people that even well-intentioned laws may violate precious liberties. Despite polls indicating the American people don't care about campaign finance reform, we should all be concerned about free speech and equal protection."

The Southeastern Legal Foundation, founded in 1976, won a 1999 U.S. Supreme Court decision banning the use statistical sampling for apportionment purposes following the 2000 Census.

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