FEC launches "war on the First Amendment"

Club for Growth President Pat Toomey has responded to a new lawsuit filed by the Federal Elections Commission that is intended to penalize the group for daring to speak freely about political issues and candidates for public office:

The Federal Election Commission’s suit against the Club for Growth continues this agency’s war on the First Amendment and its defense of incumbents from criticism of their policies. The FEC’s claims and legal theories are a bizarre interpretation of the Club’s mission, the Constitution, the laws adopted by Congress and their own regulations governing nonprofit organizations.

The Club’s principle purpose is to advocate for and defend pro-growth policies. One of the ways we do that is through the Club for Growth PAC, which allows Club members to donate to pro-growth candidates and independent expenditure campaigns. We have consulted with counsel every step of the way and have followed the law and regulations that govern our work.

This action by the commission was triggered by a Democratic Senatorial Campaign Committee complaint about ads we ran criticizing former Sen. Tom Daschle’s refusal to back pro-growth tax cuts. The complaint had no supporting detail and the Commission allowed it to lie inactive for nearly a year and one half and then resurrected it as a platform to seek to take away our members’ rights and exact a huge civil penalty from the Club.

The FEC, under pressure from liberal organizations that want to regulate free speech, is attempting to regulate organizations through the Courts when the Congress and the agency itself have rejected additional regulations on 527 groups such as the Club.

The Club will vigorously defend the rights of our members, and all Americans, to organize and speak out about our government’s policies. The FEC’s outrageous lawsuit will further boost our members’ determination to work harder than ever before for free speech and free markets.

The lawsuit is possible due to the McCain-Feingold campaign finance law, which represents the most egregious attack on free political speech since the Sedition Act of 1798. The framers understood political speech to be at the core of those rights protected by the First Amendment, but in the world of McCain-Feingold, it is one of the only forms of expression that is not protected.

When confronted with such an outrageous power grab by the federal government, I'm with this guy - the only appropriate response is polite, ongoing, determined defiance.

There's more at the Club for Growth's blog.