September 20,
2004
Chairman
Robert Ney
House Committee on House Administration
1309 Longworth House Office Building
Washington, DC 20515
Dear
Chairman Ney:
You
have announced plans to hold hearings in the coming days to consider
further regulating the activities of so-called 527 organizations.
Instead
of implementing further government restrictions on free speech,
the Center believes that Congress should begin the process of removing
the gag, and allow the kind of free and unfettered speech that the
Founders envisioned when they crafted the First Amendment. The First
Amendment Restoration Act (H.R.3801) is an outstanding initial step
in this direction.
On
behalf of the Center for Individual Freedom, I write to ask that
your hearings include a discussion of the ways in which BCRA infringes
on the free speech rights of countless Americans, and we urge you
to consider the First Amendment Restoration Act, an appropriate
first step towards restoring these rights.
Among
the most egregious BCRA provisions restricting free speech is the
Acts onerous gagging of labor unions and corporations (including
incorporated, non-profit organizations like the Center for Individual
Freedom as well as 527 groups) for thirty days prior to primary
elections and sixty days prior to general elections. BCRAs
ban on so-called "electioneering communications" effectively
bars organizations like the Center from even mentioning the name
of any federal officeholder or candidate for federal office during
the months before elections when citizens most need to learn information
about their elected representatives.
As
you consider whether Congress should further restrict Americans
free speech and association rights in the context of federal elections,
we urge you to include consideration of H.R. 3801 as an alternative
approach.
The
Center would be pleased to assist you and your staff in any way
that we can. In particular, we would be happy to provide written
or witness testimony from one of our experts on BCRAs catastrophic
effects on First Amendment and election law. As you know, the Center
for Individual Freedom has been heavily involved in the campaign
finance debate for many years, and we were a plaintiff in the McConnell
suit which challenged BCRAs constitutionality.
Thank
you for your consideration of our request.
Sincerely,
/s/
Marshall
Manson
Vice President of Public Affairs
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