Grassroots Lobbying And Freedom Of Speech

Floor Speech

GRASSROOTS LOBBYING AND FREEDOM OF SPEECH -- (House of Representatives - March 27, 2007)

Ms. FOXX. Mr. Speaker, as part of the Constitutional Caucus, we try every week to raise issues that are of concern to us, because dealing with the Constitution, observing the Constitution and honoring the Constitution is very, very important to us. It is the basis of everything that we do here in the Congress and should be the basis of every lawmaking body in our country. So tonight I want to talk a little bit about the first amendment and a concern that I have about an assault that has been made on the first amendment by a previous Congress.

The first amendment clearly states that ``Congress shall make no law abridging the freedom of speech.'' Our Founding Fathers understood the vital role that free speech played in the health and functioning of our democracy. They lived under the restrictions of colonial England, and were very intent on creating a new system of government that respected the right to speech and political expression.

One of the strongest proponents of the Constitution's Bill of Rights, Patrick Henry, said: ``Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel.''

Today, as Mr. Henry advised 200 years ago, I look with suspicion at some of the legislation that has emerged from this body. I am suspicious that we have at times not given adequate attention to the ``public liberty'' that Patrick Henry so strongly urged us to guard.

Congress must take great care when attempting to control political expression. But, unfortunately, this has not always been the case. In the past, Congress has created laws which restrict organizations' rights to participate in the electoral process.

The First Amendment Restoration Act, H.R. 71, would restore America's first amendment rights by repealing the ``electioneering communication'' provision in the Bipartisan Campaign Reform Act of 2002, known as BCRA.

This provision stifles the speech rights of corporations, nonprofits and labor unions. They are prohibited from sponsoring no-PAC funded radio and TV advertisements that include any references to Federal candidates during the 30 days before primary elections and 60 days before general elections. This is a severe infringement on these organizations' constitutional rights to free speech. It communicates to them that they have no right to voice their views during elections.

It is a clear violation of the first amendment to restrict the speech of organizations and limit what people can say about a candidate and when they may say it. The Supreme Court, unfortunately, upheld the constitutionality of these restrictions on groups in the days leading up to an election. But the Supreme Court has erred in the past.

This bill offers a much-needed correction to the Bipartisan Campaign Reform Act. The 30/60 day BCRA provision was an attack on the primary purpose of the first amendment's free speech clause, which is the protection of political speech. This bill fully restores those rights which were hampered by BCRA.

We must be vigilant and heed the words of America's founders. They knew firsthand the democracy-choking effect of restrictions placed on political speech. But the minute we begin to craft laws that hamper expression, we demonstrate we have forgotten the priceless lessons of liberty that have been fought for by the patriots who have gone before us.

I urge my colleagues to support the First Amendment Restoration Act, H.R. 71.

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