Virginia Senate Votes Against First Amendment; Unanimously Approves "Stand by Your Ad"

On Tuesday, the Virginia Senate chose to ignore the First Amendment concerns of those purchasing political ads in the state by unanimously voting to approve H.B. 558, "Stand by Your Ad."

H.B. 558 requires strict disclosure requirements for political advertisements, including forcing candidates and individuals to put their pictures on campaign television commercials, along with mandated statements claiming responsibility for the ads. Radio advertisements would require statements voiced by ad sponsors. Officers for organizations running ads advocating election or defeat of specific candidates would be required to make the statement of responsibility.

A spokeswoman for Governor Mark Warner has indicated he will sign the measure into law.

Last week, the Center sent a letter of opposition to all members of the Senate, Governor Warner and Attorney General Jerry Kilgore, who strongly advocated passage of "Stand by Your Ad." Our serious and substantive constitutional concerns were ignored — by those who have sworn to uphold the constitution.

We understand the desire of incumbent office holders not to be attacked — and the political advantage that confers. We understand the desire of some for niceness in America. We also understand what many others refuse to recognize: that anonymous political speech is a fundamental precept of the First Amendment, and it is not subject to repeal by a legislature or an attorney general or a governor. The Constitution is not defined by the number who are willing to trample it, regardless of position.

The public forum of this country is a raucous, rollicking, boisterous place of political positions both true and not, fair and far from it, healing and hurtful, important and petty, reverent and all but. That was the intent: to let voices be raised without government restraint so that the guns of revolution would never need be again.

So now it is to court, for those who will go, to sustain the principles of constitutional government which will and must outlast those who would usurp them.

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