Late
on January 18th, the U.S. Senate passed an ethics reform bill (Senate Bill 1) to ban gifts
to Senators bought by lobbyists, and to place other restrictions on how Senators interact
with lobbyists.
Shortly
before the final vote on that bill, the Senate passed Amendment 20 to remove the entire
Section 220 from the bill (the
so-called "grassroots lobbying" provision). That 55-43 vote preserved the free speech rights
of any person or group that provides information to members, email lists, or bloggers when
such information motivates them to contact their representatives in Congress about issues
under debate. Illinois Senators Richard
Durbin and Barack Obama both voted against removing these onerous restrictions on free
speech from Senate Bill 1.
Fortunately,
every Republican present voted for Amendment 20 along with seven Democrats, but 43
Democrats are now officially on record. These
43 Senators want to put every conservative voice in the nation out of business if they
have any role in providing information to voters about the issues Congress is debating. Sadly, both Senators from Illinois are ready and
willing to remove conservative voices from the debate.
Is the First Amendment now so
disrespected that 43 U.S. Senators are willing to trample on the right of citizens to
petition the government for a redress of grievances?
Unfortunately, it must be so! Is that
surprising? Eliminating the inconvenience of
dissenting voices is apparently no big deal for these Senators after they have voted
consistently to preserve the right to abort babies for any inconvenience, as
most if not all of these Senators have done.
Section
220 would have established onerous reporting requirements with deadlines that were
impossible to achieve unless one could predict the future.
Failure to meet these reporting requirements could result in fines of
$200,000 per infraction. Punishment could also include up to 10 years
in prison. Anyone who is paid by any organization that
encourages more than 500 people to contact Congress on any matter or anyone who has called
a Congressional office more than two times urging a vote on legislation would have been
required to register as a lobbyist and comply with these complex and costly reporting
requirements to avoid violating the law.
Thanks to the efforts of grassroots
lobbying that would have been impossible if this provision was law, Amendment 20 sponsored
by Utah Senator Robert Bennett passed 55-43 to end this threat to free speech for now. This provision was so onerous that even the
liberal American Civil Liberties Union sided with conservative groups in opposition to it.
Leaders of the new Democratic
majority in the House of Representatives are expected to soon propose their own version of
an omnibus "ethics" bill, which is also expected to contain the same problematic
language. Efforts to amend that bill will
again be needed.