74 House Members Vote For Bill To Place Some Restrictions on Free Speech about Politicians

On March 30, 1998, the U.S. House of Representatives voted on a bill to make numerous changes in federal election laws, sponsored by pro-abortion Congressman Bill Thomas (R-Ca.). The bill, HR 3581, is referred to below as "the Thomas bill."
The National Right to Life Committee opposed HR 3581 because it contained several restrictions on free speech about politicians, as described below.
The Thomas bill was rejected overwhelmingly, 74-337. However, the numbers are somewhat misleading, because far more than 74 House members support enactment of so-called "campaign reform" restrictions on free speech about politicians.
The vote was so lopsided partly because every Democrat present (196) voted against the bill. With few exceptions, the Democrats opposed the bill because it contained certain provisions strongly opposed by organized labor, and because most of them are demanding a vote on the Shays-Meehan bill (HR 3526), which contains far stronger restrictions on free speech than did the Thomas bill. (The Shays-Meehan bill is the House version of the McCain-Feingold bill, which has been discussed in detail in past editions of NRL News.)
In other words, the great majority of Democrats voted against the Thomas bill not because it restricted free speech about politicians, but because it wasn't restrictive enough to suit them.
House Republicans voted against the Thomas bill by nearly a two-to-one margin, many of them because they objected to the provisions described below. However, all 74 votes in favor of the Thomas bill were cast by Republicans; their names are listed below.
NRLC opposed the Thomas bill because it would have placed various restrictions on the right of NRLC and NRLC affiliates to communicate with the public regarding the positions and voting records of officeholders and officeseekers. These included several provisions that NRLC believes violate the First Amendment.
One highly objectionable provision required any nonprofit group to report to the government its lists of donors (who give more than $200 per year), if that group issued any communication to the public that mentioned the name of a federal politician within 90 days of any primary or general election. This would include, for example, fliers or ads alerting the public to votes coming up in Congress.
The bill also would have infringed on the First Amendment rights of political parties by severely restricting their right to raise the funds (so-called "soft money") that they use to engage in "issue advocacy," meaning broadcast and print communications that comment on issues and the positions of candidates on those issues. If organizations pushing for restrictions on free speech about politicians - - such as Common Cause and the League of Women Voters - - succeed in restricting the rights of political parties in this fashion, the rights of citizen groups such as NRLC would be next on the chopping block.
Another provision of the Thomas bill would have made it illegal for any member of Congress to endorse the fundraising efforts of any group that mentions the name of a member of Congress (or candidates for Congress) in communications to the public, or even to the group's own members, at any time of the year. Thus, the mere publication of a report on a vote in Congress, such as you are reading right now, would "taint" a group and render it ineligible to receive a fundraising endorsement from a member of Congress. NRLC believes that such a restriction would violate the constitutional rights of NRLC and its affiliates, and of the members of Congress who may wish to support pro-life groups.

ACTION ITEM

If the name of your representative appears below, write a letter to politely but firmly express your objection to his or her vote in favor of HR 3581. Urge him or her to oppose, in the future, the Shays-Meehan bill and any other legislation that would restrict the right of citizen groups such as NRLC to communicate with the public regarding the positions of those who hold or seek federal office.
The address for all House members is: The Honorable ____________, House Office Building, Washington, D.C. 20515.


On March 30, 1998, the following members of the House of Representatives - - all Republicans - - voted to pass HR 3581, sponsored by pro-abortion Congressman Bill Thomas (R-Ca.). This bill was opposed by NRLC because it would have placed restrictions on the right of NRLC, NRLC affiliates, and other groups to communicate with the public regarding the positions of members of Congress and candidates for Congress on right-to-life issues, including upcoming votes in Congress, as described above.

Alabama:
Spencer Bachus

Arizona: J.D. Hayworth, Jim Kolbe, Matt Salmon, John Shadegg

Arkansas: Asa Hutchinson

California: Tom Campbell, Wally Herger, Steve Horn, Howard McKeon, George Radanovich, Dana Rohrabacher, Jim Rogan, Bill Thomas

Colorado: Dan Schaefer

Delaware: Mike Castle

Florida: Tillie Fowler, Porter Goss, Bill McCollum, John Mica, Dan Miller, Joe Scarborough, Dave Weldon

Georgia: Saxby Chambliss, Jack Kingston

Illinois: Tom Ewing, Harris Fawell, John Porter, John Shimkus, Jerry Weller
Indiana: Steve Buyer, Mark Souder

Louisiana: Bob Livingston, Billy Tauzin

Maryland: Roscoe Bartlett, Robert Ehrlich, Wayne Gilchrest

Michigan: Dave Camp, Nick Smith, Fred Upton

Minnesota: Gil Gutknecht

Missouri: Kenny Hulshof

Montana: Rick Hill

New Hampshire: Charles Bass, John Sununu

New Jersey: Rodney Frelinghuysen, Marge Roukema

North Carolina: Cass Ballenger, Charlie Taylor. (Congressman Howard Coble missed the vote, but he later entered a statement in the Congressional Record that if he had been present, he would have voted for the bill.)

Ohio: Paul Gillmor, John Kasich, Deborah Pryce

Oklahoma: Tom Coburn, Frank Lucas, Wes Watkins

Pennsylvania: Phil English, Jon Fox, Jim Greenwood, Bud Shuster, Curt Weldon

South Carolina: Mark Sanford, Floyd Spence

Tennessee: Ed Bryant, John Duncan, Van Hilleary

Texas: Bill Archer, Kay Granger, Mac Thornberry

Utah: Merrill Cook, James Hansen

Washington: Rick White, Jack Metcalf (Congressman Metcalf entered a statement in the Congressional Record stating that he opposed the bill but accidentally voted opposite to the way he intended).

Wisconsin: Tom Petri, Jim Sensenbrenner