Posted on 12/21/2006 3:27:18 PM PST by Jim Robinson
Today the U.S. District Court for the District of Columbia held that the ban on corporate electioneering communications is unconstitutional as applied to the three grassroots lobbying ads for which Wisconsin Right to Life ("WRTL") sought judicial relief in WRTL v. FEC. Judge Leon wrote the opinion and was joined by Judge Sentelle in the majority of the three-judge court.
The ads were run in 2004 when WRTL did radio and television ads urging people in Wisconsin to contact Senator Kohl and Senator Feingold and ask them to oppose the ongoing filibusters of President Bush's judicial nominees. Because Senator Feingold was a candidate, WRTL had to stop running its ads when the electioneering communication prohibition period began. WRTL sought judicial relief to continue running its ads, which was denied at the time.
Today the District Court first decided that the grassroots lobbying ads were not the functional equivalent of express advocacy, as the U.S. Supreme Court had required in its analysis in McConnell v. FEC (which upheld the electioneering communication only against a facial challenge). Second, the District Court held that the FEC had not met its burden of proving that the prohibition was narrowly tailored to a compelling state interest as applied to the ads. So the Court held that the prohibition was unconstitutional as applied to these ads.
James Bopp, Jr., attorney for WRTL comments: "This is a victory for the right of the people to lobby their members of Congress on upcoming votes even if there is a pending election. This grassroots lobbying is simply self-government at work, which is protected by the First Amendment."
The opinion is available on the district court's website at http://www.dcd.uscourts.gov/opinions/district-court-2006.html.
James Bopp, Jr. has a national campaign finance and election law practice. He is General Counsel for the James Madison Center for Free Speech.
PRESS RELEASE
November 14, 2006
Contact: James Bopp, Jr.
Phone 812/232-2434; Fax 812/235-3685
jboppjr@aol.com
Where do you get that Murtha is being investigated? For what? By whom?
Huzzah! Merry Christmas Jim. And thanks.
While the SCOTUS is fixing that problem they can clean up that mess they make with the Kelo ruling too.
Great news, but we could have told them that when the stupid thing was passed! I much as I admire President Bush, I still can't believe he actually signed it!!!!!!!
A bit of sanity...at last.
Excellent news. A victory for the people and The Constitution.
Excellent news. Thank you, WRTL.
"James Bopp.."
The Bopp name is not unfamiliar in Fresno. It is amoung those of Germans from Russia and (going on memory) was amoung the Pastors who built churches in Fresno/Sanger area.
It is good to see a Bopp on the right side of things, since Jost (Phil Jost, AP) also a Fresno russia-German name is such a marxist.
Something to remember come campaign time.
See tagline
Hopefully the start of the death of CFR
It's worse than that . . . ads are really the least of it. News organizations exist to transmit political opinion - the opinion that people who do things to a bottom line, and who therefore do things which can be spun negatively are inferior to those who criticize and second guess them. That is all that reporting actually is.McCain-Feingold presumes to give mainstream publishers superior rights not only to you and me but also superior rights to the head of the Republican National Committee. And McCain has openly said that McCain-Feingold doesn't violate our rights enough to suit him.
It is acquired wisdom and experience only that teach incredulity, and they very seldom teach it enough. - Adam SmithHalf the truth is often a great lie. - Benjamin Franklin
Hmm the REAL Manchurian Candidate...and we, all know who the Red Queen *itch Is.
Thank you for linking to that thread, jazusamo. I missed it. After what you wrote, I checked the sidebar and it wasn't there. Then I had to get on about my business. We can only hope and pray that Murtha's most powerful days are behind him, and it's downhill from here.
It's what tyrants do.
O'Conner and Rhenquist both opposed Kelo. Assuming that Roberts and Alito are on the same side of this issue they were and no other USSC justice changes sides (both excellent assumptions) Kelo stands. Sorry. We need to get rid of at least one lib to overturn Kelo.
Goodbye McCain.
Goodbye McCain.
Goodbye McCain.
Because you are a PAIN!!!
McCain Feingold - liberals and moderates controlling the freedom of speech to further destructive designs they have on the constitution.
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