Congressional Constitution Caucus’ Weekly “Constitution Half Hour”
H.R. 71, The Free Speech Restoration Act
Washington,
Mar 27, 2007 -
Mr. Speaker,
We are here today to announce our support for the First Amendment Restoration Act authored by our good friend from Maryland, Mr. Bartlett. As the Founder and Chairman of the Congressional Constitution Caucus, I urge my fellow Members to cosponsor this legislation.
The First Amendment states: “Congress shall make no law…abridging the freedom of speech.” Yet the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 restrict labor unions and corporations (including non-profits) from exercising this fundamental right. For example, a non-profit group cannot broadcast any non-PAC-funded messages that even mention federal candidates during the 30 days before primary elections and 60 days before general elections. It is this provision that is at the root of two Supreme Court cases scheduled for oral arguments on April 25.
Just thinking about this so-called “electioneering communication” provision clause makes me want to scratch my head in puzzlement. If a certain form of speech is truly unconstitutional, why is it limited only during certain months of certain years? Conversely, if a message is permissible at certain times of the year, shouldn’t it be legal throughout the entire year? Consistency demands that we treat identical forms of speech equally.
There’s another part of the current law that makes even less sense. By restricting organizations from mentioning political candidates, the current law is prohibiting a certain type of speech: political speech. Our Founding Fathers specifically wished to protect political speech! James Madison wrote: “The right of freely examining public characters and measures, and of free communication among the people thereon…has ever been justly deemed the only effectual guardian of every other right.” As Congressmen, we rely on our constituents to monitor our actions. Yet the current law prevents them from receiving certain information about our actions and prevents them from communicating what they learn to other citizens.
I’d like to mention one more problem with the current electioneering communication provision: it demonstrates the federal government’s woeful inadequacy to anticipate loopholes. In the past few elections we’ve seen dramatic increases year after year in the number of 527s. These newly-formed groups are exempt from the political speech restrictions that apply to corporations and labor unions.
And now, the very same people who clamored for campaign speech restrictions are seeking regulation to end the proliferation of 527s. With any amount of foresight, we could have seen 527’s rise to prominence. Democracy is like Jello. If you squeeze it in one place, it will break free in another.
James Wilson, a signer of the Declaration of Independence and twice elected to the Continental Congress, wrote: “Government, in my humble opinion, should be formed to secure and to enlarge the exercise of the natural rights of its members.” Mr. Bartlett’s legislation follows Wilson’s insight by expanding the exercise of freedom of speech. Doing so will not only improve the quality of our government, but will also help return our nation to the principles established in the Constitution.
I strongly urge all members of the Constitution Caucus to support this legislation. Congress must begin returning power to the people.
Mr. Speaker, I thank you and yield back the balance of my time.
