NATIONAL LAWYERS GUILD AND AFFILIATES URGE THE FEC TO REJECT PROPOSED AMENDMENTS TO REGULATIONS
Amendments would have effect of stifling legitimate expression by non-partisan, non-profit organizations
The National Lawyers Guild (NLG) and a number of its affiliates announced that they have filed objections with the
Federal Election Commission (FEC) to proposed amendments to the regulations concerning campaign finance. The proposals
were published and public comment was invited on March 11, 2004.
The proposed amendments could treat many non-profit and public interest organizations as political action committees
subject to campaign finance regulation and reporting requirements. This could be devastating for public education and
advocacy groups that are tax-exempt under section 501 (c) of the Internal Revenue Code. While the Supreme Court has said
that such groups may only be regulated when they engage in express advocacy for or against candidates, the proposed
regulations could make them subject to regulation for a much broader range of activity.
The National Lawyers Guild is an association of attorneys, law students and legal workers dedicated to the proposition
that human rights are more important than property rights. The NLG itself frequently engages in political speech and for
nearly seventy years has devoted its efforts to representing political activists. The NLG believes that wealth should
not be permitted to dominate the electoral process, and applaud legitimate regulations that enhance the ability of
people of average means to participate meaningfully in politics. At the same time, the NLG is are concerned that the
proposed campaign finance regulation of 501(c) public education and advocacy groups would likely inhibit legitimate
political expression by those groups. 501(c) groups by definition do not have influencing candidate elections as their
major purpose. Current federal campaign finance laws and Supreme Court rulings establish that the only activity by these
groups which may be regulated is express candidate advocacy. This properly permits such groups to voice opinions on
policies or officeholders without being covered by federal registration, reporting or contribution limits or other
campaign finance regulations.
In its comments to the FEC, the NLG expresses deep concern over a proposed amendment that would treat as Political
Action Committees any groups that have influencing the outcome of elections as "a major purpose." In order to protect
the First Amendment right of private associations to comment on public issues, the Supreme Court has previously stated
that only groups for which electioneering is "the major purpose" should be subject to campaign finance regulation. The
NLG is concerned that this proposed addition to the regulations would chill protected speech, particularly criticism of
incumbent office holders who happen to be running for re-election.
The NLG's comments also underscore its particular concern over proposed regulations that would consider nonpartisan
voter registration and mobilization ("get out the vote" activity) in determining whether a group has as its major
purpose to influence candidate elections. This carries the substantial danger of stifling legitimate expression by
non-partisan, non-profit organizations whose primary purpose is not to influence the outcome of elections.
Given other recent actions the government has taken there is a serious danger that the proposed regulations could serve
a narrow and inappropriate political agenda. We are concerned about a pattern of efforts to discourage dissent in
America and criticism of the current President in particular. These steps have included the passage of the misnamed USA
PATRIOT Act, the abolition of the Levi Guidelines in May 2002, by Attorney General Ashcroft, permitting infiltration of
and spying upon domestic political groups, the limitation by the Secret Service of the rights of peaceful protestors
critical of the President by permitting demonstrations only in so-called "free speech zones" far from the actual venue
of presidential appearances, and numerous other administrative and executive orders.
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