Defender of the Constitution

Senate Minority Leader Mitch McConnell stood bravely against media and elite opinion when he opposed McCain-Feingold. He then took it to the Supreme Court in McConnell v. FEC. He lost there but has not given up. He is filing an amicus curiae brief in Federal Election Commission v. Wisconsin Right to Life. And an amicus curiae editorial of sorts in the Wall Street Journal (paid link, sorry!)

Five years ago, as my colleagues got ready to pass BCRA, I warned them that three things would result: that rather than reduce the influence of money on politics, they'd drive it further underground; that advocacy groups would be blocked from speaking even on issues unrelated to elections; and that a deadline on issue ads would only lead to campaigns starting earlier, with a greater premium on early fund raising. All three predictions have come true, from the influence of 527s on the last presidential campaign, to the case before the Supreme Court, to primary campaigns 23 months ahead of the next presidential election.

Still, BCRA's potential impact on the presidential primary season isn't what primarily motivated those of us who fought against BCRA. The issue then, as now, is more fundamental. As I say in the amicus brief I submitted for tomorrow's case, "Restricting grass-roots lobbying would silence core political speech that is integral to the functioning of our form of government." The freedom to engage in this political speech is set out clearly in the First Amendment, and BCRA's strict limitation on issue advocacy of any kind during campaign season is a fundamental assault on its spirit and intent.

McConnell also bucked his party by opposing a flag-burning amendment. Today I salute this stalwart defender of free speech.

Politics Posted by jk at April 24, 2007 11:21 AM