PRESS RELEASE
Wednesday: February 26, 2003
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@bopplaw.com

 

Advance Notice of PAC Ads Ruled Unconstitutional
 

In a victory for the Madison Center For Free Speech, the Ninth Circuit Court of Appeals in San Francisco on February 25 struck down an Arizona law aimed at curbing "negative hit pieces" in political campaigns.  The involved a challenge by Arizona Right to Life PAC to an Arizona state statute, Ariz. Rev. Stat. 16-917(A), that prohibited political committees from advocating the election or defeat of candidates without providing 24 hours advance notice by mailing a copy of the communication to the candidate.  The Ninth Circuit found that this statute "severely burdens speech by restricting spontaneous expression, by regulating speech on the basis of content, and by discriminating against PACs."  The Court rejected the state's claim that the statute was needed to "deter last minute negative campaigning" because "it is not the function of government to promote speech it deems more valuable and to suppress speech it deems less valuable."

According to James Bopp, Jr., general counsel for the Madison Center and attorney for Arizona Right to Life PAC, "This case re-affirms that speech cannot be restricted just because it opposes a candidate or is made by a PAC, political speech is at the core of the First Amendment and merits the strongest protections."  He also noted that the decision "will provide important precedent against laws in other states that require groups to provide advance notice or registration before they are allowed to make campaign communications."

The case was Arizona Right to Life Political Action Committee v. Bayless, No. 01-17065.


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