Federal Judge Denies Antiabortion Group's Request To Circumvent Federal Election Rules

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 15 Sep 2008 - 1:00 PDT

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A federal judge on Thursday blocked a request by the antiabortion group The Real Truth About Obama to bypass federal regulators and run ads criticizing Democratic presidential nominee Sen. Barack Obama's (Ill.) support for abortion rights, the AP/Minneapolis Star Tribune reports. U.S. District Judge James Spencer in Richmond, Va., denied a preliminary injunction sought by the group against the Federal Election Commission. The group claims the "issue advocacy" ads they want to run are protected by the free-speech rights of the Constitution (O'Dell, AP/Minneapolis Star Tribune, 9/11).

The group on Aug. 17 asked the federal court to rule that the group is not subject to federal election laws that regulate political action committees. An attorney for the group said that the organization cannot solicit funds or begin its advertising campaign because it fears prosecution for breaking laws that restrict fundraising and advertising by PACs if it establishes a Web site and runs television ads. The group said it is not such a committee because it does not call for Obama's defeat or election (Daily Women's Health Policy Report, 8/17). During oral arguments, FEC attorney David Kolker said that the restrictions can be applied to groups' activities that are the "functional equivalent of express advocacy."

Spencer ruled that the claims of The Real Truth About Obama lacked constitutional merit. He also said that a preliminary injunction would harm the public and that a written explanation of his ruling will be issued at a later time. James Bopp, an attorney for The Real Truth About Obama, said that he will ask the 4th U.S Circuit Court of Appeals for an expedited appeal of the ruling, adding that the "purpose of the First Amendment is to protect our ability to speak about issues and candidates and do so in a timely way." An FEC spokesperson declined to comment on the ruling (AP/Minneapolis Star Tribune, 9/11).

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