PRESS RELEASE
-For Immediate Release-
March 28, 2007

Contact: Brian Gumm, (202) 234-8494, bgumm@ombwatch.org

Charities File Amicus Brief in Grassroots Communications Case

WASHINGTON, March 28, 2007—On March 23, a diverse coalition of 17 charities filed an amicus brief in the U.S. Supreme Court case Wisconsin Right to Life v. Federal Election Commission, urging the Court to protect the right of charities to broadcast grassroots educational and lobbying communications. The brief argues that because charities and religious organizations must remain nonpartisan in elections, they do not broadcast the type of "sham issue ads" that the McCain-Feingold law was meant to stop.

Wisconsin Right to Life (WRTL), a 501(c)(4) social action organization, wanted to conduct a grassroots lobbying campaign before the 2004 election. The group planned to air ads urging Sens. Russ Feingold (D-WI) and Herb Kohl (D-WI) to oppose upcoming Senate filibusters of President Bush's judicial nominees. Because Feingold was up for re-election, the ads conflicted with federal law. The Bipartisan Campaign Reform Act of 2002's (BCRA) "electioneering communications rule" prohibits broadcast ads referencing a federal candidate within 30 days before a primary election or 60 days before a general election. WRTL filed suit seeking an injunction to this restriction.

Kay Guinane, Director of Nonprofit Speech Rights at OMB Watch, said, "We hope the Supreme Court will take note that Congress continues to meet and consider legislation even during the campaign season, and that the voices of nonpartisan organizations need to be heard."

The brief was written by attorneys Robert F. Bauer, Karl J. Sandstrom and Ezra W. Reese of the firm Perkins Coie. It is available online at /files/npadv/PDF/WRTL_AmicusBrief_Coalition2007.pdf.

Charities that signed the brief are:

National organizations:

• Alliance for Healthy Homes
• American Conservative Union Foundation
• Center for Lobbying in the Public Interest
• Independence Institute
• Independent Sector
• NARAL Pro-Choice America Foundation
• National Council of Jewish Women
• National Council of Nonprofit Associations
• National Legal and Policy Center
• National Low Income Housing Coalition
• OMB Watch
• Violence Policy Center

State organizations:

• California Association of Nonprofits
• The Housing Alliance of Pennsylvania
• Nonprofit Coordinating Committee of New York, Inc.
• The North Carolina Center for Nonprofits
• Pennsylvania Association of Nonprofit Organizations