PRESS RELEASE
Wednesday, April 24, 2002
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@bopplaw.com, www.jamesmadisoncenter.org

On Monday, James Bopp, Jr. and Richard E. Coleson published an article entitled "Fatal Flaws in the Bipartisan Campaign Reform Act of 2002." The article was published in two publications by The Bureau of National Affairs, Inc., the "Daily Report for Executives" and "Money & Politics Report." The article highlights two key flaws of the BCRA.

First, the BCRA restricts "issue advocacy," which the United States Supreme Court said the First Amendment protects because it affects elections (not in spite of that fact). The Court said the First Amendment has its most urgent and important application precisely in the middle of elections when the views of candidates on public issues are being discussed and debated.

Second, the BCRA assaults and limits political parties even though political science experts insist that strong political parties are essential to our form of government and the United States Supreme Court has declared that political parties pose no threat to our political system and are vital to a democratic republic.

The article describes the BCRA as "an incumbent-protective, news-media-empowering federal usurpation masquerading as ‘reform’ at the expense of the will, rights, and power of the people." It notes that "self-styled ‘reformers’ sought to deprive the people of the foundational rights of free association and expression guaranteed by the First Amendment, and they have now succeeded in imposing BCRA on the people." The article observes that these "reformers" view the First Amendment as a loophole needing to be closed. The article declares that "[f]ree political speech was the first and is the best campaign finance reform." It ends with the ringing conclusion that the Supreme Court should also reach: "The First Amendment needs no reform."

The authors represent 17 plaintiffs in the federal lawsuit against the BCRA, including federal officials and candidates, such as U.S. Sen. Mitch McConnell and Rep. Mike Pence; state officials and candidates, such as Alabama Attorney General Bill Pryor; issue advocacy groups, such as National Right to Life Committee, Christian Coalition of America, Club for Growth, and Indiana Family Institute; political parties, such as the Alabama Republican Party and the Libertarian National Committee; political action committees, such as National Right to Life PAC; and minors wishing to contribute to candidates and parties. James Bopp, Jr. is General Counsel for the James Madison Center.

A reformatted copy of the BNA article in Adobe PDF format is posted on the James Madison Center for Free Speech web site at www.jamesmadisoncenter.org and available to print and circulate freely.

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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