March 28, 2005
Chairman Robert
Ney
Committee on House Administration
U.S. House of Representatives
1309 Longworth House Office Building
Washington, DC 20515
Dear Chairman
Ney:
I am writing
to urge you to move forward with Committee consideration and approval
of H.R. 1316, the “527 Fairness Act of 2005,” so that
Americans’ free speech rights can begin to be restored.
As you know,
so-called 527 organizations dominated the last election cycle.
From running advertisements to registering voters to getting out
the vote, 527 groups and their supporters were able to participate
fully in the 2004 elections. But the same wasn’t true
for countless Americans whose free speech was gagged by new campaign
finance restrictions collectively known as the Bipartisan Campaign
Reform Act of 2002 (BCRA) or McCain-Feingold-Shays-Meehan.
Both the purpose
and effect of McCain-Feingold-Shays-Meehan is now perfectly clear
—to restrict what Americans, through political parties and
advocacy groups, can say and when they can say it. And, because
the courts have refused to protect the free speech rights of the
people, Congress must do so.
BCRA’s
most egregious restriction on core political speech is its ban on
broadcast issue advertising by labor unions and corporations, including
incorporated non-profit organizations like the Center for Individual
Freedom, for 30 days prior to primary and 60 days prior to general
elections. This prohibition on so-called “electioneering
communications” effectively gags citizen groups like the Center
by preventing them from even mentioning the name of a federal candidate
during the months before elections — just when voters want
and need to learn about their elected representatives. Indeed,
the most pernicious effect of McCain-Feingold-Shays-Meehan is that
it prevents groups of citizens from speaking to their fellow voters
just when they are listening.
The instruction
that “Congress shall make no law … abridging the freedom
of speech” comes first in the Bill of Rights for a reason
— because Americans must always retain the right to both criticize
and congratulate our government. Thus, the appropriate way
to correct the imbalance obvious during the last election is not
to restrict more speech by regulating 527 groups, but, instead,
is to restore the free speech rights taken away by BCRA.
The “527
Fairness Act of 2005” begins to do just that, and that is
why the Center for Individual Freedom urges the Committee to consider
and approve on H.R. 1316 as soon as possible. Millions of
Americans should not be forced to sit in silence through another
election.
The Center and
its staff would be pleased to assist you and the Committee in any
way that we can. In particular, we would welcome the opportunity
to provide written or witness testimony on BCRA’s catastrophic
effects and the ways in which Congress can restore Americans’
free speech rights. As you know, the Center has been heavily
involved in the campaign finance debate for many years, including
as a plaintiff in the constitutional challenge to many of BCRA’s
provisions, McConnell v. FEC.
Thank you for
your consideration.
Sincerely,
/s/
Reid Alan Cox
General Counsel
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