Anti-abortion group challenges state, federal campaign laws
The Associated Press
01.13.00
RALEIGH, N.C. — Two lawsuits filed by North Carolina Right to Life challenge state and federal laws regulating issue-advocacy ads and campaign contributions, claiming the laws violate the anti-abortion group's free-speech rights.
The group opposes a host of requirements, including one by the state that says political ads must identify the sponsor and the group's position.
"Politicians just can't keep their hands off people who want to talk about politicians, especially incumbents," said Paul Stam of Apex, attorney for North Carolina Right to Life. "They don't like free, robust debate. It upsets the apple cart."
Stam says the state rule focuses attention on the ad's sponsors rather than on what the ad has to say. The public has no right to know who is behind the political ads anyway, he says.
"Where is that right?" he asked. "I've never seen it in the Constitution or a law school or book of ethics. To enshrine it into law is to enshrine a fallacy."
The group's lawsuit challenging state campaign-finance laws singles out provisions that regulate its issue-advocacy advertising and require it to register as a political action committee and to report its spending.
The state requires any issue-advocacy group spending at least $3,000 a year supporting or opposing candidates to register as a PAC and report its spending.
The second lawsuit seeks to nullify Federal Election Commission rules barring North Carolina Right to Life from contributing to candidates or spending money on issue ads.
State and federal attorneys, expected to defend the regulations as reasonable and constitutional, have not yet commented on the lawsuits.
The regulations' supporters say they are needed to keep elections fair.
"It's not just free-speech rights versus no free-speech rights," said Bob Hall, research director for Democracy South. "There are other rights that have to be protected, such as the right of voters to a fair and just electoral process.
"The public does have the right to know who's behind things and where the money is," Hall said. "Candidates have to follow the rules. It's only fair that special-interest groups trying to influence elections play by the same rules."
Last year, the anti-abortion group won a federal court case that forced the General Assembly to revise its campaign laws. The group says the revisions also are unconstitutional.
"The one last year abridged freedom of speech in big, bold letters," Stam said. "This one abridges freedom of speech in cursive writing."