Limits may infringe on free speech

ATLANTA: As the U.S. Senate begins debate today on the controversial matter of campaign finance, the Southeastern Legal Foundation stepped up its call for "judging the value of campaign finance not by populist political standards, but rather by constitutional standards."

"Campaign donations are a form of political speech, the most protected of all First Amendment free speech," said Lynn Hogue, SLF President. "Reasonable contribution limits are constitutional, but limits on advocacy advertising, independent expenditures, and other limits proposed in McCain-Feingold place free speech protections in jeopardy."

"As the Senate considers McCain Feigold, Hagel, and a slew of potential amendments, it will do well to remembers Barry Goldwater's admonition -- 'Before I determine whether a bill is needed, I will determine whether it is constitutional,'" said Hogue.

According to Hogue, McCain's concession on Sunday that any campaign finance reform bill should have a severability clause is an important step in preserving protected political speech. "What a severability clause does is allow one part of the law to be struck down as unconstitutional without killing the entire law," said Hogue. "McCain's concession allows for legal challenges to attack free speech infringements without sinking other, constitutional aspects of evolving campaign finance law."

Hogue said that the Southeastern Legal Foundation, the Atlanta-based constitutional law firm which won a U.S. Supreme Court decision prohibiting the use of statistical sampling for apportionment following the 2000 Census, "is prepared to challenge any unconstitutional provision of the campaign finance reform efforts this year."

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