Legislation to Restrict Free Speech Gains Momentum

Congressional Democrats in the U.S. House continue to work on legislation that restricts the ability of trade associations and corporations to engage in political advocacy. The legislation H.R. 5175, the Democracy is Strengthened by Casting Light on Spending in Elections Act (DISCLOSE Act), places significant and complicated restrictions on speech in the form of political advocacy while ensuring that these restrictions will not be clarified by regulation before the law impacts the 2010 elections. Unlike past changes in campaign finance law (such as McCain Feingold), the Disclose Act is written to take effect immediately upon passage instead of waiting for the next election cycle and for regulations to be written to clarify compliance requirements. The bill would treat corporations and trade associations differently than labor unions, even though both sides are active in political advocacy. Also, the bill makes significant changes to foreign ownership rules. It gags companies that receive even small government contracts but does not similarly gag unions who represent government employees. AGC opposes H.R. 5175 because of its restriction on free speech and increased confusion of campaign finance laws. The vote has been designated a Key Vote and will be an indicator of support for issues significant to the construction industry. To read the letter AGC sent to Congress this week click here.