Monday, January 29, 2007

CRS Report Says Grassroots Lobbying Disclosure Constitutional

The report, Grassroots Lobbying: Constitutionality of Disclosure Requirements by CRS legislative attorney Jack Maskell, provides a detailed history of legal protections for grassroots advocacy and the government's interest in disclosure. The summary says:

The courts have noted that the Supreme Court in 1954 expressly upheld required lobbying disclosures relating to "direct" pressures on legislators by lobbying groups....In addition, the courts have seemed to recognize the growth of importance of such "grassroots" lobbying efforts in the legislative process, and the increased need for legislators and otheres to be able to identify and assess the pressures on legislators being stimulated (and financed) by interest groups by such methods.

Under the analysis applied in these cases, it would appear that a federal statute that requires only disclosure and reporting, and does not prohibit any activity, and that reaches only those that are compensated to engage in a certain amount of the covered activity, would appear to fit within those types of provisions that have been upheld in judicial decisions when the statute is drafted in such a manner so as not to include groups, organizations, and other citizens who do no more than advocate, analyze and discuss public policy issues and legislation.