The U.S. House passed sweeping restrictions on First Amendment rights under the auspices of disclosure Thursday in a 219-to-206 vote.
“After the passage of the ‘DISCLOSE Act’ in the House, the First Amendment is in imminent danger of being undermined during the heat of an election cycle for partisan purposes,” said Center for Competitive Politics Chairman Bradley A. Smith, a former Federal Election Commission Chairman. “The Senate must stop this free-for-all dismantling of the First Amendment based on the interests of incumbents seeking to stifle dissent-not Americans seeking to exercise free speech rights in politics.”
The Democratic majority brushed aside valid and serious constitutional concerns from groups ranging from the American Civil Liberties Union to the Warren County Regional Chamber of Commerce. In committee and on the floor today, the majority rejected an amendment from Republicans to maintain the expedited judicial review provisions of McCain-Feingold, exposing the truth that this bill is simply about legislating a political advantage in November while denying an opportunity for a judicial check and balance.
“The only way this unconstitutional bill could stand up to judicial scrutiny would be if the First Amendment were to be reinterpreted to mean: ‘Congress shall make laws… abridging the freedom of speech, particularly the political speech of government contractors, energy companies, firms with international investment and trade groups. Congress shall also created a multi-tiered process for exercising First Amendment rights, with labor unions and big lobbying groups enjoying full protection over grassroots groups and disfavored speakers.’”
During the floor debate over the bill, majority Democrats repeatedly insisted the bill was simply about disclosure while ignoring or minimizing discussion of the many outright speech prohibitions included in this legislation: “All we want to know is who’s saying it and who’s paying for it,” said House Administration Committee Chairman Robert Brady.
The Center for Competitive Politics has released an updated, two-page analysis of the DISCLOSE Act, showing how a last-minute amendment by Brady to exempt labor unions from a key provision of the bill—along with other outright prohibitions of political speech—render the bill a flagrant assault on constitutional free speech rights.
“As this blatantly unconstitutional bill moves to the Senate, lawmakers should reject this package of backroom deals, partisan provisions, and speech-stifling measures,” said CCP President Sean Parnell. “In a way, rewriting campaign finance laws while an election is underway to favor labor unions and favored interests has provided transparency to the political process, illustrating why the First Amendment restricts Congress from meddling in the free speech rights of Americans.”
The Center for Competitive Politics is a nonpartisan, nonprofit group dedicated to protecting First Amendment political rights. CCP seeks to promote the political marketplace of ideas through research, litigation and advocacy.