DISCLOSing Contempt for Liberty and the Constitution

Hans von Spakovsky / June 17, 2010

You’d think that members of Congress would have a keen knowledge of and appreciation for congressional history; you’d think they would know better than to repeat the mistakes made by their legislative body in the past. But if partisanship guides your actions and winning elections at all costs is your objective, then repeating unconstitutional behavior is apparently not beyond the pale.

That is exactly what is about to happen: The House of Representatives is expected to vote in the next day or two on the DISCLOSE Act, a law purportedly intended to blunt the effects of the Supreme Court’s Citizens United v. FEC decision. That case restored the First Amendment right of political speech by throwing out a federal ban on independent political advocacy by unions and corporations, including both for-profit and non-profit associations.

The real effects of the DISCLOSE Act will be to deter political speech (including criticism of incumbents, such as its chief sponsors, Sen. Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD)) and political advocacy by corporations and associations that Democrats don’t want participating in the American political process. It includes both absolute bans on independent political advocacy and new, burdensome disclosure requirements. Schumer admitted when he introduced the bill that “the deterrent effect should not be underestimated.” During a House Administration Committee hearing, Rep. Michael Capuano (D-MA) made no bones about the fact that he hoped this Act “chills out all . . . I have no problem whatsoever keeping everybody out [of elections]. If I could keep all outside entities out, I would.” (more…)