Lobbying and Speech Rights

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Pastors Challenge Church Electioneering Ban 10/07/2008
On Sept. 28, 33 pastors around the nation participated in Pulpit Freedom Sunday, an initiative designed to challenge a 1954 amendment to the Internal Revenue Code (IRC) that prohibits religious organizations and charities from supporting or opposing candidates for political office. The Alliance Defense Fund (ADF) released a list of the pastors who participated in hopes that the Internal Revenue Service (IRS) will investigate the churches. The action generated controversy, with Americans United for Separation of Church and State (AU) filing complaints against seven of the participating congregations. Read More

Anti-Obama Group Seeks Exemption from Campaign Finance Rules 08/19/2008
A new 527 group called The Real Truth About Obama, Inc. (RTAO) has filed a lawsuit in the U.S. District Court in Richmond, VA, against the Federal Election Commission (FEC) and the U.S. Department of Justice (DOJ). RTAO plans to run issue ads examining the Democratic presidential candidate's position on abortion and other policy issues. RTAO argues it is not a political action committee (PAC) because it will not advocate for Obama's defeat or election. The group seeks to prevent the enforcement of several FEC regulations regarding when a group must register as a PAC, as well as the enforcement of federal reporting requirements for political organizations, including 527 groups. Read More

Maryland State Police Surveillance of Advocacy Groups Exposed 08/05/2008
On July 17, the American Civil Liberties Union (ACLU) of Maryland disclosed documents revealing that state police engaged in covert surveillance of local peace and anti-death penalty groups for over a year during the administration of former Maryland Governor Robert L. Ehrlich (R). In response, House Majority Leader Steny Hoyer (D-MD) said he might support a Justice Department investigation into why this surveillance occurred. Rep. Bennie Thompson (D-MS), chair of the House Homeland Security Committee, wrote to Department of Homeland Security Secretary Michael Chertoff requesting a full account of the surveillance actions and further information regarding the funds used.

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IRS Directive Broadens Scope of Prohibited Web Links on Issues 08/05/2008
On July 28, the Internal Revenue Service (IRS) sent a memo to revenue agents that contradicts earlier guidance relating to 501(c)(3) organizations' use of web links for issue advocacy. The memo indicated that web links may be considered prohibited intervention in elections, depending on their context, the number of clicks between a site and a partisan message on the linked site, and whether an organization has a position on an issue and links to candidates' positions. Read More

House and Senate Release Updated Lobbying Disclosure Guidance 07/22/2008
On July 16, the House Clerk and Secretary of the Senate released updated guidance that applies to any organization that registers as a lobbyist under the federal Lobbying Disclosure Act (LDA), as updated by the Honest Leadership and Open Government Act (HLOGA). House and Senate leaders directed the Secretary of the Senate and the Clerk of the House to rewrite the guidelines in response to complaints about the original guidance. Read More

Grassroots Lobbying Campaign on Climate Bill Runs into FEC Rules 06/24/2008
Two recent grassroots media campaigns promoting action on climate change learned that campaign finance rules can be a trap for unwary advocates, illustrating how federal election law has reached beyond partisan campaigning to treat traditional grassroots issue advocacy like electioneering. Both ads appeared to comply with the Internal Revenue Service (IRS) prohibition on intervention in elections. Read More

Nonprofit Input Sought on the Future of Communicating with Congress 06/24/2008
The Congressional Management Foundation (CMF), a nonprofit, non-partisan organization working to improve communications between citizens and members of Congress, recently released two important documents that could have significant implications for Congress and the public. One report, Communicating with Congress: How the Internet Has Changed Citizen Engagement, reveals that the Internet has revitalized citizen communication with Congress. A draft report, Communicating with Congress: Recommendations for Improving the Democratic Dialogue, seeks public comment on a new model for constituent communications and makes specific recommendations for congressional offices, citizens, and advocacy groups. Read More

Court Upholds Stealth Lobbying Disclosure 04/29/2008
The National Association of Manufacturers' (NAM) legal challenge to the stealth lobbying disclosure provisions in the 2007 lobbying and ethics reform law was rejected by the U.S. District Court for the District of Columbia on April 11. After the U.S. Court of Appeals and the U.S. Supreme Court refused to grant a stay pending appeal, NAM announced it would comply with the law while its appeal proceeds by disclosing members who contributed more than $5,000 toward lobbying in a quarter and have supervision, control, or active participation in NAM's federal lobbying efforts. Read More

Robocall Regulation Debate Heats Up 04/15/2008
Controversy over S. 2624, the Robocall Privacy Act of 2008, has increased in recent weeks following a February Senate committee hearing. Labeled as an affront to First Amendment speech rights, an unwelcome infringement upon citizen-to-citizen communication, and unconstitutionally vague and overly broad, this bill has forced political pundits, consultants, and politicians to debate what constitutes "core political speech" and how best to utilize robocalls. Some consultants in the automated call industry are seeking donations for the Legal Defense Fund of the American Association of Political Consultants (AAPC), and others are partnering with the National Political Do-Not-Contact Registry. Read More

Senate Bill Would Regulate Robocalls during Election Campaigns 02/20/2008
On Feb. 12, Senate Rules Committee Chair Dianne Feinstein (D-CA) and Sen. Arlen Specter (R-PA) introduced S. 2624, the Robocall Privacy Act of 2008. The bill would place restrictions on how and when prerecorded messages, known as robocalls, can be made 30 days before a primary and 60 days before a general election. The bill would only affect prerecorded calls, not calls made by volunteers at phone banks. Read More

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