Victory for Free Speech as Court Rules Against Election-Cycle Censorship

Campaign Finance Provision that Smacks of Censorship Receives Blow from the Supreme Court

WASHINGTON, June 25, 2007—"This decision opens the door to further challenges of these free speech restrictions and represents a First Amendment victory for those who want to express their views on issues that matter most prior to an election."

—Jay Sekulow, ACLJ chief counsel

The Supreme Court removed a would-be gag order on religious and pro-life speech in its ruling today in the consolidated cases of FEC v. Wisconsin Right to Life (No. 06-969) and McCain v. Wisconsin Right to Life (No. 06-970). In the ruling, the Supreme Court loosened restrictions saying a pro-life group should have been permitted to air advertising in the final months leading up to a 2004 election.  The American Center for Law and Justice (ACLJ), the nation's top conservative public interest law firm, praised the Court for deciding in favor of free speech and against censorship.

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.

"This decision represents a severe blow to a campaign finance provision that amounts to nothing more than censorship," said Jay Sekulow, Chief Counsel of the ACLJ. "While the Supreme Court fell short of the votes necessary to overturn a disturbing provision in the McCain-Feingold law that puts limits on issue advertising in the weeks and months leading up to elections-the high court made an important acknowledgement-the pro-life speech in this case was wrongfully censored."

In its brief (which is posted online at www.aclj.org) the ACLJ urged the high 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 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."

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.