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Brett's Blog: Monday, July 24, 2023: A Victory for Free Speech – for now

Published in Blog on July 23, 2023 by Brett Sterley, State Director, Convention of States Missouri

Anyone with eyes to see and ears to hear knows there’s an assault on our 1st Amendment rights. Not coincidentally, the attacks are typically aimed toward groups or individuals who advocate for our Founding Principles, our Constitution, our unalienable rights, and a limited republican form of government. (No, not the Republican Party. There’s a BIG difference). These efforts of intimidation are intended to suppress political opposition and to increase the power of government.

In the past few years, it seems these attacks have increased significantly. I’m not so sure that really is the case. But governments always seek to increase their power just as The Framers said. The Framers understood this because they studied history. Today, the speed with which information is transmitted makes these actions known to a wider audience. And today, Individuals and groups mentioned in the opening paragraph are fighting back by exposing these actions. As a result, these violations of our individual liberty are not as subtle as they may have been before. Sunlight is the best disinfectant and sunlight tends to make the cockroaches scatter.

A focus of anti-liberty forces is making the identities of those involved in more conservative limited government groups public. Again, these efforts typically move in one direction. Convention of States Action is certainly one of the groups seeking to upset the status quo that benefits the State and works against our constitutional principles. As a donor-driver organization, we are very protective of our volunteers, supporters and donors.

Recently, there was an important victory I want to share with you.

The Washington, D.C.-based Campaign Legal Center filed suit attempting to force Heritage Action for America to disclose their donor list and alleged campaign violations. As of this date, that lawsuit appears to remain active.

In response, Heritage Action used the Freedom of Information Act (FOIA) to uncover coordinated actions by the Federal Election Commission (FEC) that were biased against pro-liberty, conservative-leaning groups. A complaint can be filed with the FEC when an individual or group believes a violation of campaign law has occurred. The six-member FEC will hold a hearing to determine the validity of the claim. They then will vote on the violation, and whether additional action is warranted. It takes a majority vote (at least four of the six members) to proceed.

The Campaign Legal Center filed a complaint with the FEC alleging Heritage Action violated the Federal Election Campaign Act. The FEC heard the complaint; voted 3-3; and therefore, ruled no campaign violation occurred.

No big deal, right? The system worked! Well, not exactly...

That FEC vote occurred over a year ago. The FEC rules state that after a complaint has been ruled upon, all parties are informed and all materials related to the complaint must be made public. The members of the FEC Board who voted against the complaint must issue a statement with the reasons for their vote. This procedure holds them accountable for their actions as well. This public information is supposed to be available to the Courts in case a party files suit based upon the allegations of the complaint.

You can imagine what happened. The CLC filed a complaint with the FEC alleging Heritage Action violated campaign law. The FEC conducted a hearing and voted 3-3 – ruling against the complaint and closing the matter. The FEC did not release this information, which gave the appearance the matter was still open. A federal judge then allowed the CLC to again file suit against Heritage Action alleging the campaign violations in their FEC complaint that already had been closed, giving the CLC a “second bite at the apple.” Heritage Action’s FOIA request uncovered other cases over the last two years where the FEC did not follow the law and indicated filed complaints were heard and had been dismissed.

I am sure this is not a recent nor isolated example of shenanigans by the federal government or government agencies. It is an example of what can happen when pro-liberty groups understand the process, stand firm and push back against this tyranny.

Convention of States Action works tirelessly to protect our supporters and defend the constitutional rights of all Americans. The last thing any government wants is an informed electorate that understands what their rights are, when they are being violated and what to do about it. That is the mission of Convention of States Action. It is why anti-liberty groups work against us. It is why neither the Republican nor Democrat Establishment likes us. We exist to defend the Constitution and restore our constitutional republic. We do this passionately and aggressively, peacefully and constitutionally. We will never surrender.

In liberty,

Brett 


Convention of States Action is not affiliated with The Heritage Foundation or Heritage Action. This article by Hans von Spakovsky was used as background. Please go to www.conventionofstates.com for more information and to get involved.
 
Heritage Action's Press Release referenced in Brett's article.

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