Ad Lib

SpeechNow.org, which is represented by lawyers from the Institute for Justice and the Center for Competitive Politics, was deliberately organized to address these concerns. It is not a corporation (not even the nonprofit sort) and is not affiliated with any party or candidate. Its bylaws ban donations from corporations or labor unions, donations to parties or candidates, and coordination of its activities with parties or campaigns.

SpeechNow.org's ads would include disclaimers identifying the sponsor and noting that the spots are "not authorized by any candidate or candidate's committee." The group would publicly disclose its donors names and the amounts they give.

In these circumstances, it's hard to see how limiting the ability of SpeechNow.org's members to pay for their ads can be justified, even if you accept the Supreme Court's rationale for upholding campaign finance rules. SpeechNow.org notes that the Court itself, in a 1981 decision overturning a Berkeley, Calif., ordinance, said imposing "a Spartan limit -- or indeed any limit -- on individuals wishing to band together to advance their views on a ballot measure, while placing none on individuals acting alone, is clearly a restraint on the right of association."

The Berkeley debate was about rent control. SpeechNow.org wants to talk about speech control, but first it has to get permission from the speech controllers.