On the recordFebruary 25, 1998
I thank Senator Jeffords for those comments. He is entirely correct on that issue. Obviously, there were legitimate fears of bodily harm and economic retribution in the 1950s in Alabama. That is what that case was all about. The court recognized that concern, and exceptions can be made, and have been made. In fact, in response to the issue that was raised by the Senator from Washington and the Senator from Kentucky, several legal experts--Burt Neuborne, from New York University School of Law; Mr. Ornstein, of the American Enterprise Institute; Dan Ortiz, University of Virginia School of Law; and Josh Rosenkranz, from the New York University School of Law and the Brennan Center--wrote a response to these concerns. These are legal and constitutional scholars in response to some of the groups suggesting that somehow they would fear the same reprisal. They said: These groups, like any other group, may be entitled to an exemption from electioneering disclosure laws if they can demonstrate a reasonable probability that compelling disclosure will subject its members to threats, harassment, or reprisal; but the need for these kinds of limited exceptions certainly do not make general disclosure rules contained in the Snowe-Jeffords amendment unconstitutional. So, yes, exceptions can be made without making a broad ruling with respect to the constitutionality of any legislation that we might pass here.
Source
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