WASHINGTON, D.C. – Today the U.S. Supreme Court will hear a campaign finance case that strikes at the foundations of the First Amendment . At issue is citizens’ right to collectively engage in advocacy on issues of importance.
Under the Bipartisan Campaign Reform Act of 2002 ("McCain-Feingold"), citizen groups – from the Sierra Club and the National Rifle Association to small, local non-profits, are prohibited from spending their general treasury funds to run issue advertisements within 60 days of a general election and 30 days of a primary election if the advertisement mentions the name of a candidate for federal office. Organizations with established political action committees (PAC’s) can use PAC funds to air advertisements within the "blackout" period.
"Right now only entrenched interest groups that can afford the expense of maintaining a PAC can try to mobilize the public," said former FEC Chairman and Center for Competitive Politics Chairman Bradley Smith. "Eliminating these blackout provisions will open access for true grassroots participation."
The case, FEC v. Wisconsin Right to Life, Inc., stems from the 2004 Senate battle over President Bush’s judicial nominees. Fearing a Democratic filibuster, Wisconsin Right to Life began an advertising campaign urging Wisconsin citizens to contact Senators Herb Kohl and Russ Feingold and ask that they oppose the filibuster. At the time, Senator Feingold was running for reelection, so the FEC ruled that the ads constituted "electioneering communication" and therefore were not permissible under McCain-Feingold.
"Basically government is telling its citizens when they can criticize it," Smith said. "Restricting when a citizen can address their government doesn’t eliminate corruption; it promotes it."
Additional case resources, including CCP’s amicus brief, can be found by visiting https://www.ifs.org/news_center/pageID.51/default.asp
[NOTE: To arrange interviews on this subject, journalists may call Mike Schrimpf, the Center for Competitive Politics’ deputy communications director, at (703) 682-9359 or in the evening/weekend at (513) 260-5658.
