[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[House]
[Page H3167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRASSROOTS LOBBYING AND FREEDOM OF SPEECH
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
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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