H.R.1 Destroys Freedom of Speech

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February 1, 2021

The Honorable Nancy Pelosi The Honorable Kevin McCarthy


Speaker of the House of Representatives Republican Leader
U.S. House of Representatives U.S. House of Representatives
Washington, DC 20510 Washington, DC 20510

The Honorable Chuck Schumer The Honorable Mitch McConnell


Majority Leader Republican Leader
U.S. Senate U.S. Senate
Washington, DC 20510 Washington, DC 20510

Dear Speaker Pelosi, Republican Leader McCarthy, Majority Leader Schumer, and
Republican Leader McConnell,

On behalf of the millions of Americans who cherish and rely on the right to support causes
we believe in without fear of harassment and intimidation, we, the undersigned individuals
and organizations, ask you to reject H.R. 1 and S. 1, the deceptively named “For the People
Act.”

Nonprofit organizations serve a vital role in encouraging free speech and the free exchange
of ideas. Privately supporting causes -- and the organizations advancing those causes -- is a
fundamental freedom protected by the First Amendment.

Our Founding Fathers used pen names to encourage independence from Great Britain.
Nearly 200 years later, the Supreme Court of the United States blocked the state of Alabama
from demanding the supporter list of the NAACP, citing concerns about retribution against
the group’s members and financial backers. And last month, the Supreme Court agreed to
hear a case challenging a California regulation forcing charities to hand over their
supporter lists to the government.

H.R. 1 and S. 1 would dramatically alter the First Amendment protections that Americans
have enjoyed since the founding of our country. It would institute sweeping new burdens
on their constitutionally protected rights to freely speak, publish, and organize into groups
to advocate for the causes they support. In particular, H.R. 1 and S. 1 would impose onerous
and unworkable regulatory standards on the ability of individual Americans and groups of
Americans to discuss the policy issues of the day with elected officials and the public. This
bill would also violate the privacy of advocacy groups and their supporters and stringently
and excessively regulate political speech on the Internet.

More specifically, H.R. 1 and S. 1 include numerous, sweeping provisions that would violate
the First Amendment rights of Americans by:

• Subjecting citizens who contribute to nonprofit organizations to harassment and


intimidation by making their personal information available in a searchable
government database. This mandate focuses public attention on the individuals and
donors who support causes instead of on the messages communicated by those
organizations, exacerbating the politics of division and personal destruction and further
coarsening political discourse. This would have a considerable chilling effect on civic
engagement and free speech.
• Policing speech by Americans about legislative issues by expanding the definition of
“electioneering communications” – historically limited to large-scale TV and radio
campaigns targeted to the electorate in a campaign for office – to include online
advertising that bears no relation to an election. This will subject far more issue ads to
burdensome disclaimer requirements, which will coerce groups into truncating their
message and make some advertising, especially online, practically impossible.
• Indiscriminately regulating groups that incidentally or occasionally advocate on federal
judicial nominations and require those groups to broadly expose their donors, even if
those citizens had nothing to do with the groups’ speech about judicial nominees.
• Forcing groups to publicly identify their supporters on the face of the ads themselves.
Faced with the prospect of being inaccurately associated with what the law would
consider (unjustifiably, in many or most instances) “campaign” ads in FEC reports and
disclaimers, many donors will choose not to give to nonprofit groups.
• Increasing regulation of the online speech of American citizens while purporting (and
failing) to address the threat of Russian propaganda.
• Expanding the universe of regulated online political speech by Americans beyond paid
advertising to include communications on groups’ or individuals’ own websites and
email messages.
• Deterring American citizens from serving their country through political appointments
by forcing them to disclose their donations to causes they have supported in the past.

Our elections will not be more honest, more informed, or more secure from foreign
interference if we sacrifice the privacy of American citizens. But our democracy will be
weakened if voices are eliminated from public debate through intimidation and
overregulation.

As a Member of Congress, you have taken an oath to support and defend the Constitution of
the United States. H.R. 1 and S. 1 propose multiple violations of our First Amendment
rights. On behalf of the millions of American citizens our organizations represent, we
strongly urge you to oppose H.R. 1 and S. 1.

Sincerely,

Heather Lauer, Executive Director Grover Norquist, President


People United for Privacy Americans For Tax Reform

Lisa B. Nelson Brent Wm. Gardner, Chief Government


Chief Executive Officer Affairs Officer
ALEC Action Americans for Prosperity
Michael P. Farris, President & CEO John Toedtman, Executive Director
Alliance Defending Freedom Caesar Rodney Institute

James L. Martin, Founder/Chairman Will Swaim, President


Saulius "Saul" Anuzis, President California Policy Center
60 Plus Association
Ryan Johnson, Associate Commissioner,
Caleb Crosby, President and CEO District 2*
Alabama Policy Institute Cass County Commission

Bethany Marcum, CEO Ryan Ellis, President*


Alaska Policy Forum Center for a Free Economy

John Droz, Jr., Founder Cathi Herrod, Esq, President


Alliance for Wise Energy Decisions Center for Arizona Policy

Bob Carlstrom, President Andrew F. Quinlan, President


AMAC Action Center for Freedom and Prosperity

Dick Patten, President Jeff Mazzella, President


American Business Defense Council Center for Individual Freedom

Phil Kerpen, President Star Parker, President


American Commitment Rev. Tim Latiff, Clergy Director
Center for Urban Renewal and Education
Bill Johnson, President
American Decency Association John Hinderaker, President
Center of the American Experiment
Tom Pyle, President
American Energy Alliance Larry Cirignano
Children First Foundation
Carrie Ann Donnell, President & CEO*
American Juris Link David Nammo, Executive Director & CEO
Christian Legal Society
Gary L. Bauer, President*
American Values Aaron Baer, President*
Citizens for Community Values
Bradley Johnson, President
Americans for Intelligence Reform David N. Bossie, President*
Citizens United
Richard Manning, President
Americans for Limited Government Charles Mitchell, President and CEO
Commonwealth Foundation
Mike Nichols, President
Badger Institute Kent Lassman, President and CEO
Competitive Enterprise Institute
Nathan Anderson, Executive Director Craig DeRoche, President & CEO
Concerned Veterans for America Family Policy Alliance

Penny Young Nance, CEO and President Bob Dane, Executive Director*
Concerned Women for America Federation for American Immigration
Legislative Action Committee Reform

Ron Pearson, Executive Director Kelly Shackelford, Esq., President, CEO &
Conservative Victory Fund Chief Counsel
First Liberty
The Honorable George K. Rasley Jr.,
Managing Editor Tom McCabe, CEO
ConservativeHQ.com Freedom Foundation

Thomas A. Schatz, President Annette Meeks, CEO


Council for Citizens Against Government Freedom Foundation of Minnesota
Waste
Adam Brandon, President
Linda W. Smith, President FreedomWorks
D. James Kennedy Center for Christian
Statesmanship Randy Hicks, President and CEO
Georgia Center for Opportunity
Frank Wright, Ph.D., President & CEO*
D. James Kennedy Ministries Victor Riches, President and CEO
Goldwater Institute
Katie McAuliffe, Executive Director
Digital Liberty Ron Williamson, President
Great Plains Public Policy Institute
Lawson Bader, President & CEO
DonorsTrust Tim Macy, Chairman
Gun Owners of America
Colleen Holcomb, President
Eagle Forum Sam Paredes, Executive Director
Gun Owners of California
Tim Hoefer, President & CEO
Empire Center for New York State Policy Jessica Anderson, Executive Director
Heritage Action
Craig Richardson, President*
Energy & Environment Legal Institute Mario Lopez, President
Hispanic Leadership Fund
Rob Roper, President
Ethan Allen Institute Jon Coupal, President
Howard Jarvis Taxpayers Association
Patrick Purtill, Director of Legislative
Affairs Daniel Perrin, President
Faith & Freedom Coalition HSA Coalition
Fred Birnbaum, Director of Legislative Connor Boyack, President
Affairs Libertas Institute
Idaho Freedom Foundation
Idaho Freedom Action Charles T. Moran, Managing Director
Log Cabin Republicans
Matt Paprocki, President
Illinois Policy Institute Gene Mills, President
Louisiana Family Forum
Jon C. Caldara, President
Independence Institute Joseph Lehman, President
Mackinac Center for Public Policy
Heather R. Higgins, CEO
Independent Women's Voice Tom McClusky, President
March for Life Action
Ryan McCann, Executive Director*
Indiana Family Institute John Helmberger, Chief Executive Officer
Minnesota Family Council
Andrew Langer, President
Institute for Liberty Douglas Carswell, President & CEO
Mississippi Center for Public Policy
F. Vinnie Vernuccio, President
Institute for the American Worker Gregg Keller, Chairman
Missouri Century Foundation
Chris Ingstad, President
Iowans for Tax Relief Hunter King, Director of Federal Affairs
National Association for Gun Rights
James Bopp Jr., General Counsel
James Madison Center for Free Speech Troy A. Miller, CEO
National Religious Broadcasters
Becki Gray, Senior Vice President
John Locke Foundation Carol Tobias, President
National Right to Life
James Franko, President*
Kansas Policy Institute Greg Mourad, Vice President
National Right to Work Committee
Phillip Wright, Executive Director*
Keep My Voice Pete Sepp, President
National Taxpayers Union
Jacob Hibbard, President
Latter-day Freemen Karen Bowling, Executive Director
Nebraska Family Alliance
Seton Motley, President
Less Government Robert Fellner, Vice President & Policy
Director
Colin A. Hanna, President Nevada Policy Research Institute
Let Freedom Ring
Chris Chmielenski, Vice President Maureen Blum, Founder and Principal
NumbersUSA Strategic Coalitions & Initiatives LCC

Ellen Weaver, President & CEO Kristan Hawkins, President


Palmetto Promise Institute Students for Life of America
Students for Life Action
Daniel Erspamer, CEO
Pelican Institute for Public Policy David William, President
Taxpayers Protection Alliance
Michael Geer, President
Pennsylvania Family Institute Judson Phillips, Founder
Tea Party Nation
Jim Vokal, Chief Executive Officer
Platte Institute Jenny Beth Martin, Honorary Chairman*
Tea Party Patriots Action
Mary Taylor, President*
Pro-Life Utah Robert Alt, President and CEO
The Buckeye Institute
Lorenzo Montanari, Executive Director
Property Rights Alliance Gary Marx, President
The Concord Fund
Eli Lehrer, President
R Street Institute Art Harman, Executive Director
The Conservative Caucus / Americans for
Mike Stenhouse, CEO Constitutional Liberty
Rhode Island Center for Freedom &
Prosperity Jim Lakely, Vice President
The Heartland Institute
Denise Leipold, Executive Director*
Right to Life of Northeast Ohio J. Robert McClure III, Ph. D., President and
CEO
James Wigderson, Editor* The James Madison Institute
RightWisconsin
Brett Healy, President
Paul Gessing, President The John K. MacIver Institute for Public
Rio Grande Foundation Policy

Bette Grande, CEO Daniel Garza, President


Roughrider Policy Center The LIBRE Initiative

James Setterlund, Executive Director Renee Carlson, General Counsel


Shareholder Advocacy Forum True North Legal

Tracie Sharp, President and CEO Carl Bearden, CEO


State Policy Network United for Missouri
Rusty Cannon, Vice President
Utah Taxpayers Association

Diane Spicher, President


Veterans and Patriots United

Jane Richey, Local Coordinator


Vegango County Tea Party Patriots

Lynn Taylor, President


Virginia Institute for Public Policy
Tertium Quids

Dann Mead Smith, President/CEO


Washington Policy Center

Susan Loch, Co-Owner


WFYL 1180 AM

Julaine K. Appling President*


Wisconsin Family Council

Richard M. Esenberg, President & General


Counsel*
Wisconsin Institute for Law & Liberty

Scott Manley, Executive Vice President of


Government Relations
Wisconsin Manufacturers & Commerce

Scott Suder, President*


Wisconsin Paper Council

Heather Weininger, Executive Director*


Wisconsin Right to Life

*Affiliation used for identification


purposes only.

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