Supreme Court Slaps McCain-Feingold
Susan Jones
Senior Editor
(CNSNews.com) - In what a pro-life group is calling a "tremendous victory for citizens," the Supreme Court on Monday upheld Americans' right to engage in grassroots lobbying on television and radio in the period leading up to primary and general elections.
The justices said a pro-life group should have been allowed to air an ad mentioning the name of Sen. Russ Feingold within 30 days of the Wisconsin primary.
"The Court soundly rejected the attempts by Senators McCain and Feingold and their allies to silence Wisconsin Right Life's efforts to inform the public regarding an important issue pending in Congress and to urge citizens to contact their elected officials regarding that issue," said Barbara Lyons, executive director of Wisconsin Right to Life. "This is a tremendous victory for all citizens and citizen organizations," she said.
The case, FEC v. Wisconsin Right to Life, challenged part of the Bipartisan Campaign Reform Act of 2002 that bars corporations and unions from using general funds for broadcast ads that mention the name of a federal candidate within 30 days of a primary election and 60 days of a general election.
"The court today has rejected the audacious attempt by Senator McCain and his allies to overturn the First Amendment's protection and empower incumbent politicians with the power to ban public criticism," said James Bopp, lead counsel for Wisconsin Right to Life.
"The American Revolution was fought, and the First Amendment enacted, precisely to protect the people's right to criticize the government," Bopp said.
The case dates back to July 2004, when Wisconsin Right to Life ran ads asking Wisconsin citizens to call their senators, Herbert Kohl and Russ Feingold, and ask them to oppose the filibusters of President Bush's judicial nominees. At the time, Feingold was running for re-election.
Wisconsin Right to Life argued that the blackout period mandated by McCain-Feingold could not be applied to grassroots lobbying about upcoming votes in Congress. The right to petition the government is a protected right in the First Amendment and grassroots lobbying has nothing to do with elections, the group said.
But in their Supreme Court appeal, Senator McCain and the other co-sponsors of the McCain-Feingold law argued that broadcast ads could be prohibited if they "took a critical stance regarding a candidate's position on an issue."
In today's 5-4 decision, the Supreme Court created a "constitutional safe harbor for grassroots lobbying," Wisconsin Right to Life said.
Sen. John McCain called it "regrettable" that a split court has "carved out a narrow exception by which some corporate and labor expenditures can be used to target a federal candidate in the days and weeks before an election."
McCain noted that the ruling does not affect the main provision of the campaign finance law, which bans federal officeholders from soliciting soft money contributions for their parties to spend on their campaigns."
Many First Amendment supporters have blasted the McCain-Feingold law as an assault on free speech -- intended to protect incumbents from political challengers.
Sen. John McCain is now trying to win the support of conservatives in his presidential campaign -- some of the very same conservatives he alienated with his campaign finance reform effort.
digg_skin = 'compact'
Are they really patriotic Americans who the forefathers would be proud of or totalitarian ratbags?
Maybe they should be sent to the gulags of North Korea to see whether they would like being unable to criticise the actions of its 'dear leader' and his kind, gentle and tenderhearted minions.
Surely this begs asking the question "Why should people like them be allowed to live in a free and democratic society much less be allowed to participate in its political process at any level?"
I think people like them should be sent to places where they will not have to worry about being weighed down by the shackles of freedom or free speech and learn firsthand the consequences of violating the kind Laws they wish to impose on others, but not apparently themselves!
Away with them!!! Quick! Send them to gulags!!!!