ACLJ Calls on Supreme Court to Clear Way for Issue Advertising Before Elections

"The issue that is front and center is free speech." -Jay Sekulow, ACLJ chief counsel

WASHINGTON, April 25, 2007—The Supreme Court is considering whether to remove the blackout periods that prohibit issue advertising prior to primary and general elections-and the American Center for Law and Justice (ACLJ) says that the decision will have a significant impact on free speech.

"It's time for the Supreme Court to end this censorship and declare these speech-free zones unconstitutional," said Jay Sekulow, chief counsel of the ACLJ. "By banning issue advertisements by grassroots lobbying organizations in the days leading up to an election, there is a significant bias in place-putting these organizations at a distinct disadvantage in speaking out on the cultural and political issues that matter most."

The Supreme Court today heard oral arguments in the consolidated cases of FEC v. Wisconsin Right to Life (No. 06-969) and McCain v. Wisconsin Right to Life (No. 06-970).

The ACLJ filed an amicus brief with the high court on behalf of itself and Focus on the Family, a non-profit religious corporation committed to strengthening the family. In its brief (online at www.aclj.org) the ACLJ urged the Supreme Court to remove the prohibition of grassroots lobbying organizations from taking part in issue advertising 30 days before a primary election and 60 days before a general election.

The ACLJ brief asserts: "Because the business of governing continues, the business of the People, that is, the business of giving instructions to their elected representatives, continues. And, likewise, the business of seeking redress of grievances continues. When Congress enacted the Bipartisan Campaign Reform Act of 2002, it acted in derogation of these facts and to the detriment of the right of the people to petition for a redress of grievances through the use of genuine issue advertisements by grassroots lobbying organizations. The right to petition is fundamental, and warrants this Court's close guardianship."

The Supreme Court will issue its opinion in the case before the end of the term this summer.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. 

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