Explore The NRA Universe Of Websites

APPEARS IN News

Standing Guard: A Win For Free Speech

Tuesday, September 4, 2007

STANDING GUARD

WAYNE LAPIERRE, NRA Executive Vice President

A Win For Free Speech

or all of us who have worked so hard to reshape the federal judiciary, proof positive of our success came this summer with a stunning turnaround by the U.S. Supreme Court in support of First Amendment rights.

With two new justices joining the 5-4 majority, the high court struck down as unconstitutional a Federal Election Commission (FEC) pre-election ban on public policy broadcast advertising.

Federal Election Commission v. Wisconsin Right to Life, Inc. (WRTL), penned by new Chief Justice John Roberts, was a clear victory for freedom. NRA filed an amicus, or "friend of the court," brief in support of WRTL's case. The decision will have a major impact on NRA's ability to reach the American people with our public policy messages about firearm rights. In summing up the court's June 2007 ruling, Roberts wrote ". . . we give the benefit of the doubt to speech, not censorship."

The decision will have a major impact on NRA's ability to reach the American people with our public policy messages about firearm rights.

This new decision partially reverses the prior court's abominable December 2003 McConnell v. FEC decision. In that case, NRA and a diverse group of grassroots organizations and unions were instrumental in challenging the pre-election broadcast speech bans contained in the so-called Bipartisan Campaign Reform Act of 2002 (BCRA). That valiant constitutional challenge was led by U.S. Sen. Mitch McConnell, R-Ky.

But with the makeup of the court then, that effort was to no avail.

That loss spurred our determination to see court vacancies filled by jurists who believe in the fundamental meaning of the U.S. Constitution. In that, we succeeded. Chief Justice Roberts filled the seat vacated at the death of William Rehnquist and Justice Samuel Alito replaced retiring Justice Sandra Day O'Connor, who was the key jurist swinging the former majority against the First Amendment in McConnell v. FEC.

The banned Wisconsin Right to Life issue ads at the heart of this new decision merely asked voters to contact their senators and demand an end to filibusters of President Bush's nominees for federal courts.

That filibuster effort--led by gun-ban U.S. Senators Charles Schumer, D-N.Y., and Ted Kennedy, D-Mass.--was intended to kill up-or-down votes on all federal judiciary candidates cut from the same cloth as the new justices who made the difference in this case.

Ironically, the initial FEC ruling against WRTL involved a claim that the target of what it deemed "illegal" ads was U.S. Sen. Russell Feingold--co-author of BCRA--who was running unopposed in a primary election.

In reviewing the WRTL decision, we would have preferred that the court had thrown out as unconstitutional the entire onerous "electioneering communication" section of BCRA. But this ruling goes a long way toward protecting First Amendment rights of grassroots incorporated entities like NRA. In essence, it forbids federal regulators from banning broadcast issue advertising that does not directly exhort voters to either support or oppose candidates for federal office.

Before this decision, federal election law made it a felony to use corporate funds (like your NRA dues) to air a broadcast message that the speech-police at FEC could construe as even remotely referring to a candidate for federal office. That broadcast speech ban applied 30 days before a primary election and 60 days before the general election.

When Congress enacted this oppressive law, the National Rifle Association, as a grassroots corporation, was singled out for censorship. Our highly acclaimed infomercials were labeled "sham ads" and were targeted for broadcast speech bans.

Without this new ruling, NRA's running an educational broadcast alluding to any candidate for federal office anywhere in the nation during the pre-election blackouts could amount to a federal crime. A broadcast expressing NRA's staunch opposition to a gun ban could be seen by FEC enforcers as indirectly urging Americans to vote against a candidate favoring a firearm ban--say, Hillary Clinton.

One remarkable aspect of FEC v. Wisconsin Right to Life, Inc. is that three of the five justices voting for the ruling felt the high court should have gone further and ruled the entire "blackout" broadcast ban unconstitutional.

Writing for Justices Clarence Thomas and Anthony Kennedy, Justice Antonin Scalia said that the effect of BCRA ". . . has been to undermine the traditional and important role of grassroots advocacy in American politics . . . ."

Perhaps suggesting the nature of a future challenge, Scalia said of the U.S. Supreme Court:

". . . It is perhaps our most important constitutional task to assure freedom of political speech. And when a statute creates a regime as unworkable and unconstitutional . . . it is our responsibility to decline enforcement."

Even if it didn't go far enough, this new decision demonstrates the dramatic change in the court and illustrates how urgently important the 2008 elections are. There will be Supreme Court vacancies in the near future.

We must work to assure that a true enemy of the Second Amendment does not take the White House in those coming watershed elections.

At stake is nothing less than who will control future nominations to our entire federal court system from top to bottom.

IN THIS ARTICLE
Campaign Finance Reform
TRENDING NOW
DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.