U.S. Supreme Court Loosens Free Speech Restrictions
- Jun 28, 2007 - comment
In a victory for proponents of First Amendment free speech protections, the U.S. Supreme Court weakened June 25 a portion of a campaign-finance reform law restricting free speech and ruled that organizations can broadcast ads that mention candidates by name just prior to elections, as long as the ads focus on issues and do not endorse or oppose federal candidates.
In a 5-4 decision, the high court upheld an appeals court ruling that Wisconsin Right to Life should have been allowed to air ads encouraging people to tell Senators Russ Feingold (D-WI) and Herb Kohl (D-WI) not to filibuster President Bush’s judicial nominees. Under a section of the Bipartisan Campaign Reform Act of 2002, better known as McCain-Feingold for the act’s chief sponsors, broadcasting electioneering communication, or campaign speech, paid for with general funds within 30 days prior to a primary election or 60 days prior to a general election is prohibited.
The case, FEC v. Wisconsin Right to Life, goes back to the run up to the 2004 elections, as Wisconsin Right to Life began airing the ads July 26 but then pulled them August 15, 30 days before the primary bid of Sen. Feingold, knowing that the ads would be prohibited under a section of the McCain-Feingold act. At that time, Wisconsin Right to Life filed suit against the Federal Election Commission in hopes a court would allow running the ads.
The high court’s majority, led by Chief Justice John Roberts, found the section of McCain-Feingold in question was unconstitutional when applied to the ads, because it restricted free speech protections granted in the First Amendment.
“[T]he First Amendment requires us to err on the side of protecting political speech rather than suppressing it,” wrote Chief Justice Roberts, who added, “Discussion of issues cannot be suppressed simply because the issues also may be pertinent in an election. Where the First Amendment is implicated, the tie goes to the speaker, not the censor.”
Associate Justices Samuel Alito, Anthony Kennedy, Antonin Scalia, and Clarence Thomas joined Chief Justice Roberts in the majority.
Since the Wisconsin Right to Life’s ads were issue-oriented, rather than an appeal for people to support or oppose a particular political candidate, the majority affirmed that the group should have been permitted to air the ads.
The court’s decision means grassroots organizations were restored another piece of their free speech protections and will be able to place ads that speak to the issues in the months before elections, as long as they do not endorse or oppose candidates.
The 5-4 ruling favoring free speech protections underscores the importance of President Bush’s nomination of Justices Roberts and Alito to the high court. The nomination and confirmation of two judicial activists, on the other hand, could have resulted in a 6-3 decision to keep in place restrictions on free speech.
The Ethics & Religious Liberty Commission, along with other pro-family organizations, lauds the court’s decision as a victory for free speech protections.
Further Learning
Learn more about: Life, Abortion, Citizenship, Christian Citizenship, National, Religious Liberty