Press Release

Radio Business Report (RBR.com) article

Washington, DC - Womble Carlyle Sandridge & Rice, PLLC announced today that it has filed a brief in the United States Supreme Court on behalf of ten state broadcasters associations. The brief was filed in Citizens United v. FEC, where the Court is considering whether to strike down the McCain-Feingold law's ban on corporate and union "electioneering communications."

The broadcasters associations argue that the prohibition unconstitutionally singles out broadcast media (as well as cable and satellite) by barring corporate and union political ads during the weeks prior to an election. "The Supreme Court has invited interested parties to file briefs regarding this restriction," said Womble Carlyle attorney and former Federal Election Commission General Counsel Lawrence H. Norton. "Our clients' brief gives the Court a unique perspective on the threat to First Amendment rights when the government determines which media may be used for political speech." Mr. Norton and Womble Carlyle lawyers Gregg Skall and James Kahl authored the broadcasters brief.

Don Hicks, President of the Missouri Broadcasters Association, assembled the group of broadcasters associations challenging the law. "Broadcasters must be vigilant to repel encroachments on the First Amendment," said Mr. Hicks. "I am pleased that ten state broadcaster associations have come together to stand up for this principle."

Womble Carlyle's brief argues among other points that:

• The ban channels speech by establishing lawful and unlawful modes of communication, and thereby infringes the constitutional rights of speakers to choose their own mode of communication.
• Self-censorship is inevitable when speakers are faced with complex rules and the threat of fines or jail. Under limited exceptions to the ban established by the Supreme Court and the FEC, broadcasters are called upon to assist with difficult decisions of law that should not be part of their role.

Arguments before the Court are scheduled for September 9, 2009, and a ruling could come in early 2010.

For a copy of Womble Carlyle's brief for the broadcasters associations click here.

To read the Court's most recent order on the constitutionality of prohibiting corporate and labor-financing of election-related communications visit http://www.supremecourtus.gov/orders/courtorders/062909zr.pdf.

To read the original order identifying the issues before the Court, visit http://www.supremecourtus.gov/qp/08-00205qp.pdf.

The ten State broadcasters associations are California Broadcasters Association, Illinois Broadcasters Association, Louisiana Association of Broadcasters, Maine Association of Broadcasters, Michigan Association of Broadcasters, Minnesota Broadcasters Association, Missouri Broadcasters Association, Nebraska Broadcasters Association, New York State Broadcasters Association, and Tennessee Association of Broadcasters.

Womble Carlyle - Innovators at Law

A full-service business law firm, Womble Carlyle ranks among American Lawyer magazine's list of the 100 leading firms in the country.

The firm is a recipient of the Thurgood Marshall College Fund Corporate Leadership Award, making Womble Carlyle the first law firm ever to receive the highest honor given to a business organization in recognition of its support of the Fund and its 45 member educational institutions.

The firm also is the first law firm to be awarded the Employer Support of the Guard and Reserve Freedom Award, which is the highest recognition given by the U.S. government to employers for their support of employees who serve in the National Guard and Reserve.

Founded in 1876, Womble Carlyle operates in the District of Columbia with more than 500 attorneys in eleven offices. Womble Carlyle serves clients both nationally and globally.