Promoting Life and Free Speech

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Tue May 20, 2008 3:22pm EDT

Ohio Right to Life files lawsuit against Ohio Elections Commission and
Secretary of State

COLUMBUS, Ohio, May 20 /PRNewswire-USNewswire/ -- The Ohio Right to Life
Society filed a lawsuit today in federal court to secure the organization's
ability to engage in issue advocacy during the critical days before the
November general election.
    A ruling in favor of Ohio Right to Life would free advocacy groups of all
ideologies from government restriction that inhibits free speech rights prior
to Election Day. Current state law bars citizen organizations, like Ohio Right
to Life, from using funds in their general treasury to run advertisements
mentioning the name of a political candidate within 30 days of an election.
    The Ohio Right to Life Society is dedicated to promoting life throughout
the state through legislative action and citizen activism. With this lawsuit,
Ohio Right to Life is also promoting free speech for all advocacy groups in
Ohio.
    "Ohio Right to Life is presently not permitted to advocate for an issue
when voters are most engaged ... 30 days before an election," said Mike
Gonidakis, executive director of the Ohio Right to Life Society. "Such a
speech blackout period is entirely contrary to the First Amendment and harms
grassroots organizations of all ideologies."
    Ohio Right to Life, represented by the law firm Benesch, Friedlander,
Coplan & Aronoff and the Center for Competitive Politics, argued in court
filings that the Ohio state law barring it from running advertisements
mentioning candidates' names close to an election is impermissible in the wake
of the Supreme Court's decision last summer in Federal Election Commission v.
Wisconsin Right to Life (WRTL).
    In that case, Chief Justice John Roberts wrote in the majority opinion
that political speech can only be regulated if the advertisement contains
"express advocacy" or "is susceptible of no reasonable interpretation other
than as an appeal to vote for or against a specific candidate."
    "Our mission is to promote life. We want the right to talk about life
issues at anytime -- regardless of when an election is scheduled," Gonidakis
explained.  "The Supreme Court has recognized these rights at the federal
level; we believe it is time for the Ohio Elections Commission to recognize
our right to free speech."
    Attorney William Todd of Benesch, Friedlander, Coplan, & Aronoff filed
Ohio Right to Life Society Inc. v. Ohio Election Commission in the U.S.
District Court for the Southern District of Ohio.
SOURCE  Ohio Right to Life Society

Mike Gonidakis, +1-614-565-5522, for Ohio Right to Life Society
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