Free SpeechNow

Editorial of The New York Sun
January 24, 2008

Anyone with doubts in respect of whether campaign finance regulations are whittling down free speech would do well to look at a recent advisory opinion by the Federal Election Commission. It clarifies what regulations apply to an advocacy group by the name SpeechNow.org. The group differs from other so-called 527 nonprofits. It refuses to take donations from corporations or labor, meaning it only solicits from individuals. Its aim is to let voters know where the various candidates stand on free speech issues, including campaign finance regulation. It would purchase advertising and endorse or criticize candidates based on their voting record on free speech.

It turns out that the FEC doesn't agree with the ideas of SpeechNow, which was founded by an advocate of tax cuts, David Keating, and is trying to roll back campaign finance regulations, the very rules that give the FEC its relevance. No wonder the FEC made its displeasure known. SpeechNow would have to register as a political committee, which limits the amount it can receive from a contributor to $5,000. The FEC lacks a quorum at the moment, but the moment it gets one, SpeechNow could be in big trouble.

The Supreme Court has placed justification for campaign finance regulations on grounds that are shaky with which to begin. Those grounds generally involve limiting the amount of corporate or union dollars in an election to avoid corruption, or its appearance. That logic doesn't apply here. The group has promised to take contributions only from individuals, which ought to give it greater leeway. The FEC doesn't consider that.

By discouraging people from forming groups the FEC discourages civil society through regulation. A wealthy individual, such as William Gates, would be free to spend $1 billion purchasing airtime to devote attention to just about any issue or candidate he so wished. But 1,000 individuals of modest incomes could be prohibited from organizing into a committee and spending $20,000 a piece to purchase equal airtime to disagree with whatever issue so concerned Mr. Gates. The geniuses in Congress have made free speech into something you must register for at the FEC.