July 27, 2010 Print
Sen. Chuck Schumer

BREAKING: DISCLOSE Act Failed to Get 60 Votes, Free Speech Protected – For Now 

by Catherine Snow

The free-speech killing DISCLOSE Act – shepherded by Sen. Chuck Schumer, D-N.Y. – failed to gain enough support to proceed to a full vote this today.

The 57–41 vote to end debate fell sharply along party lines – even swing-vote Republicans Sens. Snowe, Collins and Brown voted against the measure.  Despite vocal opposition prior to the vote, Democrat Sens. Feinstein of California and Lautenberg of New Jersey voted “yes “on the procedural vote.

From the ACLU to the U.S. Chamber of Commerce, liberal and conservative advocacy groups are hailing the bill’s momentary demise as a huge “win” for free speech and the integrity of the electoral process.

The House forced through its version of the bill – which mirrored the one voted on today by the Senate – last month. The bill narrowly passed 219 to 206.

The DISCLOSE Act – an acronym for Democracy is Strengthened by Casting Light on Spending in Elections – has been pitched by Democrats as a panacea to increasing transparency and accountability in elections.

Senate Minority Leader Mitch McConnell, R-Ky., pointed out on the Senate floor today the hypocrisy of the bill – which he dubbed the Free Speech Reduction Act – which claims to be transparent, but was done without consideration or debate:

“Over in the House, the Democrats’ campaign committee chairman sprung a rewrite of substantial portions that Republicans and even Democrats hadn’t seen shortly before this bill was voted on. Not to be outdone, Democrats here in the Senate introduced a version last week that had been substantially rewritten since it was first introduced in April. In other words, the original Senate version was replaced under a veil of secrecy late last week, and that’s the one Democrat leaders want us to vote on today.

“A massive re-write of the nation’s campaign finance laws without hearings, without testimony, without studies, without a markup. Another bill produced without a single hearing and placed directly on the calendar to bypass even the Rules Committee, which is supposed to have jurisdiction over this issue. A bill written behind closed doors with the help of lobbyists and special interests.  All of this — in the name of transparency!

“In order to make sure this bill isn’t held up by something as inconvenient as a challenge on First Amendment grounds, its authors have made sure no court action interferes with their new restrictions this election cycle and maybe next.  They add multiple layers of review. No provision addressing an appeal to the Supreme Court.  No time limits for filing, and no Congressional direction to the courts to expedite.

“Their one goal here is to get people who would criticize them to stop talking about what Democrats have been doing here in Washington over the past year and a half.”

Schumer – the third ranking Democrat in the Senate – said his bill “draws a line in the sand” for the November election.

Tom Minnery, CitizenLink’s senior vice president for public policy, agreed with the senator from New York.

“The senator is correct about the line in the sand. On one side is his bill, and on the other side is the majority of the people, the U.S. Supreme Court, and the principle of free speech.”

TAKE ACTION
Please take a moment to thank senators who voted to protect free speech by voting against this bill.

FOR MORE INFORMATION
See how your senators voted today on the DISCLOSE Act. (S. 3628)

See how your representative voted on the DISCLOSE Act (H.R. 5175)

Watch McConnell’s floor speech on the DISCLOSE Act.

Read President Obama’s first State of the Union speech.



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