PRESS RELEASE
Wednesday, April 10, 2002
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@bopplaw.com, www.jamesmadisoncenter.org
James Madison Center to Represent Coalition of Plaintiffs Joining McConnell Suit against Bipartisan Campaign Reform Act
The James Madison Center for Free Speech, on behalf of a coalition of 14 plaintiffs, will join Senator Mitch McConnell's suit challenging the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). The James Madison Center represents the following plaintiffs: The Christian Coalition of America, Inc.; National Right to Life Committee, Inc.; National Right to Life Educational Trust Fund; National Right to Life Political Action Committee; Indiana Family Institute, Inc.; Club for Growth, Inc.; Alabama Attorney General Bill Pryor; Congressman Mike Pence; Barret Austin O'Brock; Libertarian National Committee; Trevor Southerland; Alabama Republican Executive Committee; Martin J. Connors, Chairman of the Alabama Republican Party; and the Jefferson County Republican Executive Committee.
By joining Senator Mitch McConnell, these plaintiffs will demonstrate how the various provisions of BCRA gut the First Amendment by limiting and criminalizing speech and related activities touching on the widest range of political issues. The following examples merely highlight the many unconstitutional provisions of BCRA.
Under one provision, a television or radio advertisement that merely mentions the name of a federal officeholder or candidate within 60 days of a general election can be a crime punishable by up to five years in prison. According to James Bopp, Jr., general counsel for the James Madison Center, "A person may be jailed for running an ad that simply says 'Please urge Senator X to vote against the McCain-Feingold bill' within 60 days of a general election or within 30 days of a primary election."
Other provisions ban national political parties from soliciting, receiving, or using so-called "soft money" for any purpose. "Soft money" is any money not raised in accordance with BCRA's strict requirements and has traditionally been used to pay for rent, utilities, get-out-the-vote calls, issue advocacy and other activities not directly related to getting a particular candidate elected to a particular office. State, district, and local political parties may not engage in "federal election activities" and corporations and labor unions may not make "electioneering communications" unless they raise the money pursuant to the BCRA's strict requirements. Political parties must choose between making "independent" and "coordinated" expenditures on behalf of a candidate and may not do both.
Another provision prevents minors from contributing to candidates and/or groups that support candidates. Thus, our youth are prevented from joining in political discourse by exercising their First Amendment rights of free expression and association.
Still other provisions increase dramatically the amount of information required to be reported to both the FEC and the FCC. One provision goes so far as to require broadcasters to keep detailed records regarding inquiries into broadcasting time for political ads regardless of whether the person inquiring ever actually runs a political ad.
These are just a few examples of BCRA's attempts to gut the basic freedoms protected by the First Amendment to the United States Constitution. "The BCRA limits political discourse by American citizens to an unprecedented degree," says Bopp. "Our founders sought to protect us from just this sort of regulation when they enacted the First Amendment. Thus, by joining Senator McConnell's suit, these plaintiffs are fighting for the First Amendment freedoms cherished by all Americans."
Once filed, a copy of the Amended Complaint will be posted on the James Madison Center for Free Speech web site at www.jamesmadisoncenter.org. The mission of the James Madison Center is to support litigation and public education activities in order to defend the rights of political expression and association by citizens and citizen groups as guaranteed by the First Amendment of the United States Constitution.
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