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Senate Democrats and a
few Republicans have slipped into a lobbying reform bill a section
that would drastically impact the mission and function of churches
and nonprofit organizations -- such as Focus on the Family and the
Family Research Council -- that seek to inform voters on moral
issues.
One of the provisions of S. 1 now being considered by the Senate
would require churches and other nonprofits, classified as
“grassroots lobbying firms,” to report to the House and Senate any
time they spend money to communicate to their constituents on
public-policy issues that are before Congress. Failure to comply
could result in thousands of dollars in fines and even criminal
penalties.
“This is one of the most significant violations of free exercise of
religion and the freedom of political speech in our nation’s
history,” Jay Sekulow, chief counsel for the American Center for Law
and Justice, wrote in a column posted on the ACLJ website. “Some
have said that this plan is the most comprehensive regulation of
political speech that has ever been put forward by Congress.”
Tony Perkins, president of the Family Research Council wrote in an
e-mail to supporters, “This should be called the 'Silence the
Citizens Act of 2007.' ... Even pastors who would encourage the
members of their congregation to call their senators, their
congressmen, about marriage, about life issues, could theoretically
fall under the provisions of this measure.”
While pro-family groups say much of the bill is good, they are
encouraging constituents to contact their senators and ask them to
strike Section 220 -- the section that could impact churches and
church-related groups -- from S. 1. Focus on the Family has created
a petition on the matter available at
www.focuspetitions.com
“Protect your right to know,” Focus on the Family's James Dobson
said on his radio broadcast Jan. 10. “Protect our right to tell you
what we know.”
Dobson said the objective of the legislation’s supporters is clearly
to silence the grassroots groups that led millions of Americans to
contact their elected officials and affect the outcome of votes on
Supreme Court justices, the partial birth abortion ban, broadcast
decency fines and the Unborn Victims of Violence Act.
Among the actions that would be subject to government tabulation
under the proposed legislation are phone calls, personal visits,
e-mails, magazines, broadcasts, appearances, travel, fundraising and
other activities, Dobson said.
“Any time that we send out a CitzenLink e-mail, or we write an
article for Citizen magazine or Dr. Dobson goes on his broadcast and
talks about legislation -- like he did today -- we would have to
record and report to the government four times a year,” Amanda
Banks, federal policy analyst for Focus on the Family Action, said
on the broadcast. “If we did not meet those guidelines, we would be
subject to fines of $100,000.”
Carrie Gordon Earll, senior director of issue analysis for Focus on
the Family Action, said the proposed legislation would not affect
labor unions, corporations, 527 groups or those in Hollywood who
express liberal views.
Sekulow, in a post on the ACLJ website Jan. 15, said lobbying reform
can be put forward “without impacting the ability of pastors and
churches to speak out on the moral issues of the day, which is part
of their prophetic responsibilities.”
The ACLJ has launched a nationwide campaign to oppose the
legislation, and they’re preparing to take legal action challenging
the measure should it become law.
“Our grievance is simple: Congress cannot silence churches and other
organizations from grassroots involvement in critical issues of our
day,” Sekulow said.
Perkins said any new legislation shouldn’t forfeit the First
Amendment rights of citizens to petition their government on issues
of importance.
“We don't oppose legitimate proposals to address unethical actions
by members of Congress, congressional staff and lobbyists,” Perkins
wrote. “But nothing in those misdeeds provides any justification ...
for the idea that Congress should regulate the constitutionally
protected efforts of groups such as ours to alert citizens regarding
legislative developments in Congress. The First Amendment protects
our right to ‘petition the government.’ This is the heart of our
democracy.”
Sen. Robert Bennett, R.-Utah, has introduced an amendment to S. 1
that would remove the section of the lobbying bill that upsets
conservatives.
“The senator realizes that just as it would be unconstitutional to
monitor the press because of their contact with their readers,
Congress has no business monitoring the motives of citizens who
contact Washington to express their views,” Perkins wrote. “I ask
you to contact your U.S. senators now and let them know that you
oppose the grassroots provisions in S. 1, the Legislative
Transparency and Accountability Act of 2007, and that you support
Sen. Bennett’s amendment.”
Concerned Women for America, another conservative organization, said
it supports efforts by Congress to reform lobbying practices in
light of recent scandals, but it also supports Bennett’s Amendment
20, which would protect grassroots organizations. The amendment is
also sponsored by Sen. Mitch McConnell, R.-Ky.
“CWA applauds Senators Bennett and McConnell for respecting the
rights of the American people while working to reform lobbying
practices,” CWA said in a Jan. 12 news release.
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