First Amendment Under Assault ... Again
by Ryan Sager
Mon, 14 May 2007 at 12:53 PM
updated Mon, 14 May 2007 at 1:07 PM
Today, John Fund raises the alarm about a Democratic bill aimed at silencing grassroots activists. This one's too radical even for speech-banner John McCain to hop on board (now that he has to face the Republican base, that is).
As Mr. Fund describes the bill: "The amendment, pushed by Rep. Marty Meehan of Massachusetts, would require groups that organize such grassroots campaigns [urging citizens to contact members of Congress] to register as 'lobbyists' and file detailed quarterly reports on their donors and activities. The law would apply to any group that took in at least $100,000 in any given quarter for 'paid communications campaigns' aimed at mobilizing the public."
Mr. Fund further describes the logic of the liberal folks trying to crack down on so-called "grassroots lobbying." As usual, they hope to paint any speech they disapprove of as a "sham" and a "front" for nefarious interests:
Common Cause and Democracy 21 say special-interest entities hide behind current law to conceal the identities of their donors, whom they would have to reveal if they were lobbying Congress directly. "These Astroturf campaigns are just direct lobbying by another name," says Rep. Meehan, who is resigning from the House this summer and views his bill as his last hurrah in Congress.
But, of course, the First Amendment prohibits Congress from abridging "the right of the people . . . to petition the Government for redress of grievances." It prohibited (or at least should have) Congress from enacting McCain-Feingold. And it certainly prohibits this.
As Mr. Fund notes, the Supreme Court twice ruled in the 1950s that grassroots communication isn't "lobbying activity," and is fully protected by the First Amendment.
Opposing the bill, as they did McCain-Feingold, are the National Right to Life Committee and the American Civil Liberties Union.
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