527

September 2, 2004

The Washington Post reports: Bush Sues to Stop '527' Groups Backing Kerry

President Bush's campaign filed a lawsuit yesterday that accuses advocacy groups that support Democratic nominee John F. Kerry of "massive" and "ongoing" violations of election laws and seeks an emergency court order to stop their activities.

There happens to be a little-known provision of the Constitution which prohibits government regulation of such speech. That provision? The First Amendment. Columbia Law professor and FindLaw columnist Michael Dorf explains Why "Swift Boat Veterans for Truth" and Other "527" Organizations Can't Be Silenced

It's true that, as Bush and McCain claim, 527s do circumvent the spirit--if not the letter--of existing campaign finance limits. Yet new legislation is unlikely to cure the problem. That's because the "problem" is that the people who contribute to 527s are thereby exercising their First Amendment rights to engage in political speech.

See also McConnell v. FEC.