FEC Throws Out Complaints Alleging Falwell Violated Election Laws
by Fred Jackson and Jenni Parker
July 19, 2005
(AgapePress) - Jerry Falwell has scored a victory for the right of a preacher to speak out during an election campaign. The Federal Elections Commission (FEC) has unanimously dismissed a complaint against Jerry Falwell related to statements he made in an e-mail during last year's presidential campaigns.In that e-mail, under the heading "Falwell Confidential," the minister stated that "for conservative people of faith, voting for principle this year means voting for the re-election of George W. Bush." He went on to say that voting for the alternative was "unthinkable" and urged values voters not only to exercise their right to vote, but also to contribute to the Campaign for Working Families Political Action Committee.
A group called Campaign Legal Center filed a complaint with the FEC accusing Falwell of violating election laws. But attorney Mathew D. Staver of Liberty Counsel, who represented the well known evangelist, contends that Dr. Falwell, like other American citizens, retains his right to free personal speech during an election cycle.
Liberty Counsel's response to the legal complaint argued that Jerry Falwell Ministries (JFM) and Liberty Alliance, an affiliated lobbying organization, did not violate election laws that prohibit advocating the election of a federal candidate and soliciting contributions for a PAC because the two organizations are covered by the press exemption to these laws. The minister's legal representative noted that he is the founder of Liberty Broadcasting Network, the WTLU television station, the Liberty Channel cable network, and two radio stations, and his "Falwell Confidential" commentary is carried by WorldNetDaily and NewsMax.
Because Falwell is a broadcaster and public spokesman, Staver says the Constitution of the United States guarantees his free-speech rights. "As a member of the media," the lawyer notes, "the media outlets through which he communicates enjoy the protection of the First Amendment, just as much as the Washington Times," the lawyers asserts.
Liberty Counsel also argued that JFM and LA are exempt from the election laws since the organizations meet the criteria for "qualified nonprofit corporation" status as a result of being supported by private contributions; and also that the expense of disseminating the e-mail was minimal. The FEC voted 6-0 to dismiss all the allegations in the Campaign Legal Center's complaint.
Upon the Federal Election Commission's dismissal of the complaint against him, Falwell remarked, "Religious nonprofit groups are not orphans to the First Amendment." The minister further commented that he has been expressing his views on politics for five decades now and is pleased with the FEC's ruling.
