it is with intense regret that it's my view that this amendment, representing a good-faith attempt by two of my friends and my Republican colleagues, it seems to me, is subject to even more widespread and deeper constitutional objections than the original McCain-Feingold bill--a bill that seems, to this Senator at least, to be unconstitutional on its face. The fundamental objection to all of these attempts to limit the freedom of speech, of course, is that they fly in the face of the unrestricted language of the first amendment, language that does not-- though the Senator from Maine might wish to permit it to do so--permit exceptions to every general rule. This amendment, however, seems to me to violate the 14th amendment in many respects, with respect to both equal protection and due process. This amendment imposes broad and what some may consider to be onerous disclosure requirements with respect to what it calls ``electioneering''--on electioneering in certain ways through the mass media, but not at all in other ways, and even in the ways in which it covers electioneering by certain groups and organizations and not by other groups and organizations.
Editor's note · Context
Discussing constitutional objections to an amendment related to campaign finance reform.
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