U.S. Chamber Cheers Victory in Mississippi Case

WASHINGTON, D.C. — The United States Chamber of Commerce today cheered the Fifth U.S. Circuit Court of Appeals' unanimous decision affirming the Chamber's First Amendment right to run issue ads in judicial elections.

"This is not only a huge victory for the U.S. Chamber but for anyone who cares deeply about protecting the constitutional right to free speech," said James Wootton, president of the Chamber's Institute for Legal Reform (ILR).

The court was responding to a dispute over whether the U.S. Chamber violated Mississippi election laws by running issue advocacy television spots in the 2000 state Supreme Court races. The Chamber contended that their ads merely educated voters about the records of judicial candidates and did not "expressly advocate" the election or defeat of a particular candidate.

The federal court decision, which overturned the lower court, concluded, "…we hold that the First Amendment protects the Chamber's advertisements, and consequently the advertisements are not subject to regulation under the Mississippi election statute."

"We are gratified that the Fifth Circuit has joined five other Circuit Courts and the U.S. Supreme Court in upholding the First Amendment right of all groups to communicate with the electorate on matters of vital public interest," Wootton said.

"This is the first time a Circuit Court has ruled since the passage of the McCain-Feingold campaign finance bill," Wootton added. "Today's opinion could indicate how the courts will deal with certain elements of that law, especially those relating to the exercise of free speech at anytime during the course of an election."

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

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