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Wisconsin Right to Life Files New Free Speech Case in Federal Court

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Wisconsin Right to Life and its state political action committee are challenging Wisconsin law.

The challenge, filed Aug. 5 in federal district court in Milwaukee, asserts that Wisconsin law, including two new Government Accountability Board regulations, unconstitutionally impose full-fledged political-committee burdens on entities such as Wisconsin Right to Life.

“The Supreme Court has held that regulating entities as political committees is not only burdensome but also onerous,” said James Bopp, Jr., lead counsel for the plaintiffs. “Almost 35 years ago, the Supreme Court established that government may impose such burdens only on entities that are under the control of, or have the major purpose of nominating or electing, candidates.”

Nevertheless, Wisconsin imposes such burdens on entities such as Wisconsin Right to Life.

“These requirements are so burdensome and onerous that they in effect are a ban on speech,” Bopp said.

“For too long, so-called campaign finance reform advocates have attempted to silence citizen groups. The net result, if they are successful, is that the only ones who will be allowed to speak and inform the public are candidates themselves and the media. This is unacceptable in a country built on a foundation of free speech,” Bopp said. “Wisconsin Right to Life has been at the forefront of protecting speech in America, winning a landmark case in the U.S. Supreme Court in 2007. This challenge is another step towards the goal of protecting First Amendment rights.”

On behalf of the Wisconsin Right to Life State Political Action Committee, the suit also challenges requirements that political committees disclose particular contributions and spending within 24 hours, a burdensome oath political committees must take saying their independent expenditures are independent, political-committee reporting thresholds, the limits on contributions to committees doing only independent expenditures, and particular attribution and disclaimer requirements.

“Some political-committee disclosure requirements are constitutional, but the disclosure requirements that the Wisconsin Right to Life State Political Action Committee challenges are not,” Bopp said. “In addition, limits on contributions to political committees doing only independent expenditures are unconstitutional.”

Barbara Lyons

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