Washington, D.C.--An unprecedented collection of 324 national, state, and local environmental, civil rights, civil liberties, women's rights, public health, social welfare, senior, religious, and social justice organizations have urged the Federal Election Commission to reject an FEC General Counsel draft advisory opinion that could severely restrict the ability of nonprofit organizations to communicate with the public about important policy issues. The FEC was scheduled to consider the opinion at its meeting Thursday.
It could be virtually impossible for groups other than federal PACs to criticize or commend members of Congress or President Bush for anything they say or do if the commissioners approve the draft opinion's assertion that any communication that "promotes, supports, attacks, or opposes" any federal candidate must be paid for using funds raised under the restrictions of the federal election laws.
According to the organizations' letter of concern, the draft advisory opinion could allow the FEC to regulate and potentially stifle debate on public policy issues, granting the agency a level of power that far exceeds the Bipartisan Campaign Reform Act of 2002 (BCRA) as well as the express advocacy test upheld by the Supreme Court.
For example, the opinion, as drafted, could put unprecedented restrictions on spending for:
A web site that criticizes funding cuts contained in the budget recently transmitted to Congress by President Bush;
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