Monday, September 12, 2005

McCain disclaimer controversy:
Hasen reports Allison reports Clubfor Growth reports this article reports that Senator McCain made a TV ad without the stand by your ad disclaimer.
Here's the text from the article (I used bugmenot.)
She approves it
Sen. John McCain has made a reputation for campaign finance reform and for being an independent thinker. So it was no surprise that Marilyn Brewer parlayed his endorsement into her first TV commercial for the Oct. 4 special election.
In the ad, McCain compares Brewer to both Ronald and Nancy Reagan. One thing the first airings of the ad did not include: Brewer does not state that she approved the ad. That’s now required by law. Specifically, the law co-sponsored by McCain himself.
Brewer consultant Harvey Englander said the omission was a production oversight and halted airings for a day until the ad was fixed.

So it seems to have been fixed quickly, but did run.
It would be fun to use this ad as the vehicle for striking down the unconstitutional provision.
A few years ago I had some discussions with the North Carolina ACLU about doing a lawsuit against their stand by your ad law rule, but we never got around to it. That was before McCain-Feingold made it a national problem.
Stand by your ad is unconstitutional compelled speech. See Wooley v Maynard ( the live free or die case), Riley v the Blind (charitable telemarketing) Talley v California (civil rights era case establishing right to privacy) McIntyre ACLF and Watchtower.
Club for Growth says,"As they say, ignorance of the law is no excuse." But here, the stand by your ad rule is not law. It is a statute, but unconstitutional statutes are not law.
Update: Thanks for the link Allison.

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