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
NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association, Firearms Policy Coalition, Second Amendment Foundation, and two NRA members filed a lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

News  

Monday, May 11, 2026

Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

A recent case involving an Oregon man who was the subject of two “red flag” gun confiscation orders illustrates one of the many problems with the foolish policy.

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

Minnesota: Gun Control Wish List Fails In The House

Thursday, May 14, 2026

Minnesota: Gun Control Wish List Fails In The House

After seemingly having nine lives, or three to more precise, the Minnesota "gun control wish list" has finally been defeated.

A “Thought Experiment” That has Already Been Tried—And Failed

News  

Monday, May 11, 2026

A “Thought Experiment” That has Already Been Tried—And Failed

Washington Post opinion columnist Megan McArdle recently wrote an article (paywall alert) exploring a “new” idea to combat violent crime where firearms are used.

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

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.