First Amendment Rights and the Non-Profit Organization

For the past two decades under federal laws like the McCain-Feingold campaign finance bill, right-to-life organizations, pro-marriage groups and even unions and corporations were prohibited from airing political ads mentioning candidates within 60 days of an election.

Now, thanks to a new Supreme Court decision, the Citizens United v. Federal Election Commission, these laws have been struck down; and non-profit organizations and corporations are now able to campaign like private citizens. This is a huge breath of fresh air for those of us who would like to exercise our collective rights to free speech along with the corporate giants like the media corporations which were always free to voice their opinions and influence election outcomes. Those bad laws placed an undue burden on citizens taking part in the political process.

Organizations like Focus On the Family Action and Family Research Council Action will benefit from this good decision.

For my part, I am glad to see, finally, the Supreme Court giving support to core political speech rather than the usual support it has given to pornography, the transmission of stolen information, flag burning, topless dancing, and the burning of a cross outside an African-American church.

Of course, liberals are inflamed at the Court’s ruling. They do not want organizations outside their areas of endorsement getting a shot at free speech. President Obama and power brokers in Congress are already looking for ways to limit corporate and non-profit organization expenditures on elections. Representative Barney Frank is speaking of using securities regulation to hamstring corporations that dare to speak.

There are bills in Congress and the Senate that would give very unfair advantage in campaign finance to incumbents, namely, the “Fair Elections Now Act.” (S 752 and HR 1826) These bills would provide money for Legislative Department campaigns gleaned from Federal monies. Incumbents would have much easier access to these funds than challengers would. I think this bill should be titled the “incumbent reelection funding bill.”

You can support the Supreme Court’s decision by writing to your Congressman and to President Obama stating your support and asking them to kill S 752 and HR 1826.