Wisconsin Right to Life Files Amicus Brief in Free Speech Case

Wisconsin Right to Life filed an amicus brief late last week before the State Supreme Court addressing important legal issues necessary for guidance on the law governing speech before elections.

On August 13, the Wisconsin State Supreme Court temporarily enjoined Rule 1.28 promulgated by the Government Accountability Board (GAB). That rule had the impact of regulating speech for groups like Wisconsin Right to Life 30 days before a primary election and 60 day before a general election. Rule 1.28 also regulated contributions and established extensive reporting simply for doing issue advocacy.

Rule 1.28 is patently unconstitutional. Speech is one of our most precious rights as Americans and nowhere is it more important than discussing candidate positions and voting records prior to elections so that the general public has complete information before voting. Rule 1.28 is nothing more than an Incumbent Protection Act, allowing candidates and the media to speak freely but restricting the speech of citizen groups. We look forward to the permanent injunction of Rule 1.28.

Wisconsin Right to Life filed a separate suit in the Eastern District Federal Court. While that case addresses the problems inherent in Rule 1.28, it also challenges other GAB rules and specific provisions in state law governing political committees. Regardless of what happens in the State Supreme Court, the Wisconsin Right to Life federal court case has continued merit and will move forward.

Barbara Lyons