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Mr. CORNYN. Mr. President, today the Senate will vote on cloture on the motion to proceed to S. 3369, the so-called DISCLOSE Act. Because the bill is designed to protect entrenched Washington special interests from ordinary Americans who want to exercise their first amendment rights, I will oppose cloture.
Regulation of speech always raises significant constitutional questions. The first amendment is a cornerstone of our democracy, and the DISCLOSE Act would fundamentally remake the rules governing free speech in American elections. It is intended not to promote transparent, accountable, and fair campaigns, but rather to tilt the playing field in favor of the Democratic Party and its constituencies.
Indeed, one of the chief sponsors of this legislation, Senator Charles Schumer, has admitted that his goal is to deter certain Americans from participating in the electoral process. The DISCLOSE Act will make many businesses and organizations ``think twice'' before engaging in political speech, Senator Schumer said in 2010. ``The deterrent effect should not be underestimated.''
In essence, the Democrats have concocted a bill that would silence their critics while letting their special interest allies speak. Nearly every major provision of the DISCLOSE Act was designed to encourage speech that helps the Democratic Party and discourage speech that hurts it. For example, the legislation favors unions over businesses, which belies the notion that it was crafted to prevent conflicts of interest.
If the true purpose of this bill were to promote transparency and minimize the influence of political money on government, then unions would face the same restrictions as businesses. But the true purpose of the bill is to help Democrats win elections, and unions overwhelmingly support Democrats, so they are given preferential treatment.
It is not the government's job to apportion first amendment rights among Americans. Those rights belong to every citizen, period. I reject any further erosion of a constitutional liberty that has preserved and strengthened our democracy for 223 years.
I oppose the DISCLOSE Act and urge my colleagues to oppose this afternoon's cloture motion.
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