Rep. Kelly Calls on Senate to Defend Free Speech

Sends letter to Senate Leaders Harry Reid & Mitch McConnell condemning Senate resolution on campaign finance as
“an affront to the First Amendment”

WASHINGTON — U.S. Representative Mike Kelly (R-PA) sent a letter today to U.S. Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) urging each leader to reject S.J. Res 19, a joint resolution proposing an amendment to the U.S. Constitution regarding campaign finance that would severely curtail First Amendment rights. The letter – which can be viewed here – was co-signed by House Rules Committee Chairman Pete Sessions (R-TX), House Ways and Means Subcommittee on Oversight Chairman Charles Boustany (R-LA), and House Judiciary Subcommittee on Constitution and Civil Justice Chairman Trent Franks (R-AZ), among others.

Excerpts of Rep. Kelly’s letter:

“As members of the U.S. House of Representatives who have sworn to ‘support and defend the Constitution of the United States,’ including the First Amendment right of freedom of speech, we write in opposition to S.J. Res. 19, a joint resolution proposing an amendment to the Constitution of the United States regarding campaign finance that would severely curtail First Amendment rights. Further, we note the urgency of this matter in light of the Senate Judiciary Committee’s recent hearing and markup of this proposal, and the Majority Leader’s actions to bring this proposal before the full Senate for a vote.”

“Free speech is essential to a representative democracy. It is the way the people can hold their elected officials accountable.  Advocates of this proposal claim it will ‘restore’ democracy to the American people, but in fact, limiting speech will do no such thing.  In fact, this is an unprecedented effort.  Never before in the history of our nation has a provision in the Bill of Rights been amended, and rightly so.”

“…this proposed constitutional amendment goes much further than existing law.  For example, this sweeping proposal could empower Congress to restrict speech by pastors and churches by claiming it influenced the political process.”

“Simply put, bans on money are bans on speech. ... No one with any experience in public advocacy or campaigning could possibly claim that one can engage in political speech and activity effectively without the funding required to support such efforts and to distribute such communications.”

“So-called speech equalizing is an affront to the First Amendment, which is supposed to protect the free marketplace of ideas.  In the free marketplace of ideas, free people, not the government, assess the quality of arguments and decide which they find persuasive.  Advocates of this amendment claim that open debate does not promote democracy, but rather threatens it – a complete inversion of the First Amendment.”

“…the language in the proposals creating an exemption for “the press,” creates even more problems. The proposal fails to define what “the press” is, thereby inviting government to draw arbitrary lines to favor some speech and punish other speech. …Moreover, this press exemption would elevate the freedom of the press above all the other rights recognized in the First Amendment: freedom of speech, religious freedom, the right to assemble, and the right to petition the government.”

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