Subject: FW: IRS and FEC Gag Political Speech Date: Fri, 13 Feb 2004 10:08:26 -0500 To: BOB ARMSTRONG From: Alliance Webmaster Mr. Armstrong: Our membership holds greatly differing opinions on a range of= issues, from gun control to taxes to the US intervention in= Iraq. Drug Policy Alliance has thus not taken a position on= campaign finance reform. We only became involved in the IRS/FEC= issue when rules impacting our advocacy efforts were proposed.= Thank you for writing. ________________________________________________ Bev Stanton Web Assistant =9E Drug Policy Alliance 925 15th Street NW, 2nd Floor Washington, DC 20005 202-216-0035 x 214 www.drugpolicy.org =9E bstanton@drugpolicy.org Join the Alliance! http://www.drugpolicy.org/donate -----Original Message----- From: BOB ARMSTRONG Sent: Tuesday, February 10, 2004 6:22 PM To: DPAlliance Cc: lpny_discussion Subject: Re: IRS and FEC Gag Political Speech DUH ! WHAT DID YOUALL THINK McCAIN-FEINGOLD CAMPAIGN DISTORTION ACT = WAS ALL ABOUT ? -- On Mon, 9 Feb 2004 16:03:02 -0500 (EST), DPAlliance wrote: >=A0February 6, 2004 >=A0text version > >=A0IRS and FEC Gag Political Speech > >=A0Emergency - Oppose The IRS And FEC Proposals To Clamp Down On= the >Alliance's Right To Communicate With Fellow Reformers > >=A0Fax Congress Now!! > >=A0Two Bush administration agencies are considering new rules that= could >prevent the Drug Policy Alliance and other advocacy groups from= >contacting their supporters about the political actions of= federal >officials who are up for re-election. Communications just like= this one >could be banned! > >=A0The Federal Elections Commission (FEC) and Internal Revenue= Service >(IRS) proposals could provide members of Congress with a green= light to >introduce and pass harmful drug policies while they are up for >re-election. The proposals could make it against the law for the= >Alliance to run advertisements in a newspaper or send out email= alerts >like this one to try and stop harmful policies. Together, these= >proposals represent one of the worst assaults on the freedom of= speech >and association ever proposed in the United States. > >=A01) Fax Your Members of Congress. Tell them that you oppose FEC >Advisory Opinion 2003-37 and IRS Revenue Ruling 2004-6 and that= neither >the IRS nor the FEC should restrict free speech. DO IT NOW. If= you do >not respond to this urgent alert, the controversial proposals= will >likely be adopted, endangering the future of the Alliance and= all other >political organizations working for freedom in America. > >=A02) Forward this alert to friends and family. > >=A0BACKGROUND INFORMATION: > >=A0The IRS and FEC are considering rulings that could severely= restrict >the free speech rights of the Drug Policy Alliance and other= issue >advocacy groups. The proposed rulings are vague in that they do= not >clearly state exactly which communications would be illegal.= This means >that the federal government could selectively enforce the rules= in >order to clamp down on any speech or advertising it does not= approve of >or considers politically threatening. Even though the Drug= Policy >Alliance does not endorse or oppose specific candidates for= public >office, the proposed IRS and FEC actions could hamper our= efforts to >contact fellow reformers like you about candidates' stances on= drug >policy reform issues during election campaigns. Any member of= Congress >up for re-election could be able to push their legislation into= law >without hearing the voice of the American people. > >=A0The IRS ruling (Revenue Ruling 2004-6) could penalize drug= policy >reform and other nonprofit organizations that are publicly= critical of >any elected official who is running for re-election. Non-profit= >educational organizations like the Drug Policy Alliance cannot= work to >defeat or support federal candidates, but can educate voters on= where >politicians stand on certain issues. So long as the Alliance and= other >organizations do not explicitly call for the defeat or= re-election of a >politician we do not run afoul of the law. However, Revenue= Ruling >2004-6 muddies these regulations to make it illegal for advocacy= group >to do anything that the IRS determines to be an attempt at= defeat or >support of a candidate for federal office. The change appears= minor but >in fact makes the regulations more vague, giving the IRS a wide= scope >to call many advocacy-group actions illegal. > >=A0You can read the complex IRS ruling here. > >=A0The FEC ruling (Advisory Opinion 2003-37) could prohibit the= Alliance >and other organizations from communicating any message - through= >e-mails, newspaper ads, television commercials or brochures -= that >"promotes, supports, attacks, or opposes" any candidate for= federal >office. It does this by re-defining the definition of a= "campaign >expenditure" to include communications that promote or attack= federal >candidates. Because the Alliance and similar non-profits are= prohibited >under existing law from making campaign expenditures, this= ruling could >make it illegal for us to send you e-mails criticizing the= actions of a >Member of Congress if they also happen to be running for= re-election. >Even sending you an e-mail saying that your Senator just voted= the >wrong way on a bill could become illegal. For instance, Senator= Biden >first introduced his controversial RAVE Act just a few months= before >the 2002 elections. Because he was up for re-election that year,= it may >have been illegal for the Alliance to alert you to the bill had= the FEC >and IRS rulings been in place then. > >=A0You can read the complex FEC ruling here. > >=A0An essential part of the Alliance's work is to keep fellow= reformers >informed about the actions and votes of elected officials -= whether a >move by President Bush to crack down on medical marijuana or a >Congressman's bill to mandate student drug testing. These= proposals >could severely limit our ability to do this and work to reform >America's 'War on Drugs'. > >=A0Learn More > >=A0Contact the Drug Policy Alliance: > >=A0Drug Policy Alliance >=A070 West 36th Street, 16th Floor >=A0New York, NY 10018 > >=A0For subscription problems please contact >=A0Jeanette Irwin, Director, Internet Communications >=A0jirwin@drugpolicy.org | 202.216.0035 > >=A0In this Alliance Action Network Alert we need you to: > >=A0To view other actions, see actions you've completed, or edit= your >profile please visit the Alliance Personal Action Center > >=A0DrugPolicy.org | Take Action | Donate | Privacy Policy > >=A0+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++= +++ >=A0You received this message because bob@cosy.com is a member of= the >mailing list originating from= alerts@actioncenter.drugpolicy.org. > >=A0Please visit http://actioncenter.drugpolicy.org/unsubscribe to >unsubscribe from all lists. Visit >http://actioncenter.drugpolicy.org/managesubscription.asp to= learn >about other lists you can subscribe to. > >=A0For problems, please contact Jeanette Irwin at= jirwin@drugpolicy.org. > >=A0Please consider joining the Drug Policy Alliance: >http://www.drugpolicy.org/join --=A0 =A0Bob Armstrong -- http://CoSy.com -- 212-285-1864 Report on CoSy MidWinter Party := http://cosy.com/y04/MidWinter17.htm Computing Environment : =A0http://CoSy.com/CoSy/ A WTC vision : http://CoSy.com/CoSy/ConicAllConnect/ Liberty : http://CoSy.com/Liberty.htm Restore our Right to Relax := =A0http://ny.lp.org/cgi-bin/petition.cgi?Against_the_Smoking_Ban =A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A02004/02/10 6:18:02 PM