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Court Panel Overturns Ban on Pro-life Issues Ad Funding Before U.S. Elections
By Gudrun Schultz
WASHINGTON, D.C., United States, January 3, 2006 (LifeSiteNews.com) - A
law banning pro-life groups from funding issues ads in the weeks leading
up to a federal election was overturned Dec. 21 by a special federal court
panel in Washington.
Under the 2002 McCain-Feingold campaign finance law, corporations or
unions, including pro-life organizations, were banned from financing
advertisements on crucial issues within 60 days before a general election,
or 30 days before a primary election.
Wisconsin Right to Life brought the case before the court, claiming the
restrictions infringed on their First Amendment guarantee of freedom of
speech. As well, WRL argued that the pro-life group should be exempted
from the restrictions as a grassroots lobbying organization.
In a 2-to-1 decision, the panel did not address the group’s claim of
exemption on the basis of grassroots status, but said the content of the
organization’s ads did not violate the restrictions against campaign ads.
The panel decision found that the government had not shown a sufficiently
compelling need to restrict the free speech rights of the organization,
disregarding the government’s argument that the ads run by the group were
intended to influence the election outcome.
The case will now return to the Supreme Court, the New York Times
reported. The Supreme Court head the case once already, but sent it back
to the three-judge panel in January for review.
Read coverage from the New York Times:
http://www.nytimes.com/2006/12/22/washington/22campaign.html?ex=1167973200&en=059e6cda810388a5&ei=5070
Read full court decision here:
http://www.supremecourtus.gov/opinions/05pdf/04-1581.pdf
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