Chamber Files Challenge to Campaign Finance Reform Law

Washington, D.C. — The United States Chamber of Commerce joined a diverse group of plaintiffs in filing its opening challenge to this year's campaign-finance reform legislation, arguing the law violates constitutional protections of free speech.

"This is a country founded on free speech and the government cannot tell us that we have the right to speak on issues at the beginning of a campaign, but not at the end, when public debate matters most," said U.S. Chamber general counsel Stephen Bokat. "The Supreme Court will have the final say here."

The case, known as McConnell v. FEC, will be argued before a three-judge district court in the District of Columbia on December 4; and under special procedural rules, the case will then proceed directly to the U.S. Supreme Court. The Chamber's challenge is part of an omnibus brief filed by the ACLU, the National Rifle Association, the AFL-CIO, the Republican Party, and other ideologically diverse groups.

The Chamber is also challenging the law's provision that would expose organizations having regular contact with government officials to charges that their independent public speech is coordinated with a candidate, making it an unlawful contribution. The Chamber's brief argues that contacts with lawmakers, as part of routine legislative activities, should not provide a basis for claims of criminally illegal coordination.

"If this act stands, it will undermine businesses' ability to work with federal officials and speak out on issues of public importance," said Bokat. "By stifling the voice of business groups in the political process, the law creates a huge window of opportunity for legislators to deflect criticism and minimize accountability for their anti-business legislation."

The Chamber — which is being represented by nationally recognized, election law expert Jan Baran of Wiley, Rein & Fielding and a member of Senator McConnell's legal team — won a unanimous victory in the 5th Circuit Court of Appeals earlier this year regarding issue ads in judicial races. The decision was the latest in a string of court rulings holding that the first amendment takes precedence over government's right to regulate elections.

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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