Date: 2010-06-24
Speaker: DANIEL E. LUNGREN (republican)
Chamber: H
State: Cali

fornia. Mr. Chair. obviously. if you attempt to speak on the floor and your microphone is not near you or they have turned it off. you cant exercise your right to represent your constituents hereI yield myself such time as I may consumeand that is the problem with this bill. It does not allow the free exercise of the First Amendment right to speech. The Constitution of the United States refers to that First Amendment. And. unfortunately. in many. many decisions by the Supreme Court. theyve talked about everything other than political speech. Yet in the Citizens United v. Federal Election Commission case. the court finally got it right. The majority opinion says the First Amendment stands against attempts to disfavor certain subjects or viewpoints prohibited to or restrictions differing among different speakers allowing speech by some but not by others. Unfortunately. Mr. Chairman. thats exactly what this bill does. Benjamin Franklin stated: Whoever would overthrow the liberty of a Nation must begin by subduing the freeness of speech. Unfortunately. that is what we have here before us. Mr. Chairman. Just because you call something "disclose" or "disclosure" does not make it so. When you prohibit speech. as has been done here. when you have onerous disclosure obligations placed on some but not all. when you make no distinguishing. that is. constitutionally justifiable distinguishing differences between groups. that is. you cause some to be subjected to provisions of disclosure and others not. when you specifically have five or six provisions in which you exempt unions as opposed to corporations of all stripes. then you have rendered the bill unconstitutional. Mr. Chairman. I would have asked if it were proper to have a unanimous consent request to extend our debate for 4 hours. but I know thats not in order. The majority has decided to stifle debate by allowing only a single hour of debate on this issue dealing directly with the First Amendment. We have spent in excess of 10 hours in this Congress talking about the naming of post offices. but we have determined that we do not have more time than an hour to discuss something as important as the First Amendment to the Constitution. When we allow ourselves to become an auction house for the First Amendment. where some. because of their power and influence. are allowed to exercise First Amendment rights. unfettered. and others are not. it is a sorry day. And to do it under the rubric of disclosure is even worse. but thats what we have here. Mr. Chairman. in the time given to us. I hope that we can explain exactly what this bill does and what it does not do and why it. in fact. not only is dangerous to the First Amendment but is directed at the heart of the First Amendment. which is vigorous political speech. particularly close to an election. It may make some Members uncomfortable. As a matter of fact. in some of the hearings and markup of this bill. we had Members saying. If I had my way. Id make sure no one could say anything about our campaigns except those of us who are candidates. Unfortunately. theres something called the First Amendment. And I know its bothersome to some on the other side. I know its an obstacle to what they want to do. But when I came here. I took an oath to uphold the Constitution and all parts. not just the Second Amendment by way of specific exemption. but of all amendments. the first as well as the second. and every other. With that. I reserve the balance of my time.