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