How Timely: James Madison Center Petition for FEC Rulemaking
by Amanda Adams*, 7/20/2007
The Federal Election Commission's (FEC) rulemaking announcement followed a statement that attorney James Bopp, who represented Wisconsin Right to Life (WRTL), filed a petition with the FEC for a rulemaking on behalf of the James Madison Center for Free Speech. The petition asks that the FEC apply the Court's decision in the WRTL case, that the prohibition on "electioneering communications" cannot be constitutionally applied to genuine issue ads. The petition suggests that the rulemaking should be done by directly taking language from the Court's majority opinion. It also asks that the FEC abolish a previous rule defining "express advocacy." Bopp would like the FEC to create some safe harbor examples of genuine issue ads along with a rule that not only addresses ads on pending votes, but also ones that urge candidates to take a position on an issue and ones that advise the public of the candidate's position. Bopp commented; "Groups should not have to hire a lawyer and go to court to get government permission to engage in speech that the Supreme Court has already held to be protected by the First Amendment." For more information, see the James Madison Center press release.
