Supreme Court Denies Appeal Of Lower Court Ruling That Alaska Right To Life Committee Must Adhere To State Campaign Finance Laws

The U.S. Supreme Court on Monday without comment denied an appeal by the Alaska Right to Life Committee to a ruling by the 9th U.S. Circuit Court of Appeals that said Alaska's campaign finance laws do not violate the First Amendment, the AP/Anchorage Daily News reports (Volz, AP/Anchorage Daily News, 10/2). The Alaska Legislature in 2002 approved a law requiring interest groups that produce political materials within 30 days of a general election to register with the state Public Offices Commission, report the expenditures involved in the campaigning and disclose their identities in advertisements. The Alaska Right to Life Committee, which is affiliated with Alaska Right to Life, in a lawsuit filed in November 2002 said that the rules are "too broad" and thus can "also encompass issue advocacy," which is protected by the Constitution. The suit -- which was seeking to have certain sections of the law declared unconstitutional -- cited a telephone campaign that the group planned to launch shortly before the Nov. 5, 2002, election. The campaign focused on the gubernatorial race between Gov. Frank Murkowski (R) and former Lt. Gov. Fran Ulmer (D). Campaigners would have telephoned households and asked people their position on abortion; if respondents identified themselves as "antiabortion," callers would have outlined the abortion positions of Murkowski and Ulmer. Although the campaigners would not have "explicitly" endorsed either candidate, they would have stated that Murkowski "supports Alaska Right to Life's pro-life vision." The suit said that officials from the Public Offices Commission -- which is charged with enforcing the law -- told the organization that "due to the nature of the campaign," the calls would have to be funded and directed through the AKRTL Political Action Committee, not the organization itself (Kaiser Daily Women's Health Policy Report, 11/26/02). A lower court dismissed the lawsuit, and the 9th Circuit Court in March upheld the decision.

Reaction
"It's good to know that our electioneering definition will withstand a court challenge," Public Offices Commission Executive Director Brooke Miles said. AKRTL Executive Director Karen Lewis said she is disappointed that the Supreme Court would not hear the case, adding, "It seems like we're being silenced. Free speech should always be in place." Lewis said the group would release its campaign messages for the November election through its PAC within the 30-day period (AP/Anchorage Daily News, 10/2).

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