Senate Should Protect Free Speech and Vote No on The DISCLOSE Act

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NTU urges all Senators to vote "NO" on S.4822, the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2022 (DISCLOSE Act). This legislation would undermine legitimate free speech, and would interfere with the First Amendment rights of countless organizations. The DISCLOSE Act would place undue disclosure burdens and new, restrictive requirements on corporations, labor groups, non-profits, super PACs, and other organizations practicing their right to free speech. 

The DISCLOSE Act is a brazen attempt to supersede the fundamental right of any American to practice free speech as enumerated in the First Amendment of the Constitution. This legislation would prevent organizations like NTU from speaking on behalf of our members unless we submit to unreasonable, and potentially unconstitutional, disclosure requirements. The bill requires organizations to provide precise, private information about donors who are engaging in constitutionally protected activities. 

By requiring the disclosure of private information, the DISCLOSE Act would undermine the principles of free speech and potentially open our donors – and countless other donors across the political and ideological spectra – to repercussions for participating in the democratic process.

There is significant Supreme Court precedent that establishes the right of corporations and organizations to fully participate in political and policymaking processes while protecting their right to privacy.

Roll call votes on S.4822 will be included in NTU’s annual Rating of Congress and a “NO” vote will be considered the pro-taxpayer position. 

If you have any questions, please contact NTU Policy and Government Affairs Manager Alex Milliken at amilliken@ntu.org.