By Barbara L. Lyons, Executive Director Emerita, Wisconsin Right to Life

Barbara Lyons
Wisconsin Right to Life has as its major purpose and mission to protect human life from abortion, infanticide and euthanasia using educational, legislative, and political means. As with our counterparts in other states, we have found ourselves limited in the ability to disseminate information about candidates at election time by legislation and regulations, both federal and state, which impair our work. Consequently, we have had to include efforts to protect our right to free speech under the First Amendment.
Five years ago, Wisconsin Right to Life and its Political Action Committee, represented by the Bopp Law Firm, filed suit to overturn onerous regulations promulgated by our state Government Accountability Board. That action culminated with a sweeping decision in our favor a few days ago.
The main issue was whether Wisconsin Right to Life could conduct “issue advocacy” at election time – merely telling the public how a candidate stands on an issue without encouraging a vote for or against a candidate–without being subject to significant reporting and filing requirements.
Initially, the federal district court where the suit was filed ruled against Wisconsin Right to Life. Our case was appealed to the Seventh Circuit Court of Appeals in Chicago.
In May of 2014, in a unanimous decision that appeals court ruled that Wisconsin law governing election activities is unconstitutional due to its complex and vague language which is difficult to understand and follow.
The district court judge who initially ruled against Wisconsin Right to Life was asked to issue a judgment in line with the 7th Circuit decision. U.S. District Judge Charles Clevert in Milwaukee did so last Friday.
According to the Milwaukee Journal Sentinel, “Clevert’s ruling says [Milwaukee County District Attorney John] Chisholm and the state Government Accountability Board can enforce certain campaign finance laws only when groups are telling people how they should vote.”
This decision is not only helpful to Wisconsin Right to Life and other organizations, regardless of political party or persuasion, but serves as important case law for suits filed in other states. We are thrilled that free speech and our ability to give out basic candidate information to an informed public before it goes to the polls have been upheld.