Regulation of so-called "astroturf" lobbying stricken from Senate ethics bill

[Scarberry, Mark]

I'm somewhat shocked (as Captain Renault would say, "shocked, shocked")
that 43 Democratic senators voted to retain in the Senate ethics bill a
provision regulating communications that urge people to contact members
of Congress, even outside the context of a campaign. Kudos to the ACLU
and other groups for opposing this proposed invasion of the First
Amendment. I wonder whether the attempt by proponents of the legislation
to create a "grassroots" surge of indignation against Republicans for
blocking the regulation would itself have been subject to the
regulation. As the Washington Post reports:
 
"After Republicans temporarily derailed it [the bill] late Wednesday,
the watchdogs responded furiously. Democracy 21 posted what it called a
'Hall of Shame,' listing the 45 Republicans that voted to filibuster the
bill. The League of Women Voters condemned what it called 'late night
shenanigans.' "
 
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/18/AR200701
1802176_2.html
 
Is there a principled difference between what Democracy 21 and the
League did and what they seek to regulate?
 
Mark S. Scarberry
Pepperdine University School of Law
 
 
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