The Federal Elections Commission (FEC) unanimously
dismissed a complaint filed against Jerry Falwell Ministries and Liberty
Alliance related to statements Dr. Falwell made in a "Falwell Confidential"
e-mail sent during the 2004 presidential election season. Dr. Falwell was
represented before the FEC by Liberty Counsel President Mathew D. Staver
and Anita L. Staver.
On July 1, 2004, Dr. Falwell sent a "Falwell Confidential" e-mail urging
people of faith to exercise their vote during the presidential election. In
the e-mail, Dr. Falwell stated, "For conservative people of faith, voting for
principle this year means voting for the re-election of George W. Bush. The
alternative, in my mind, is simply unthinkable."
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The e-mail also urged
supporters to contribute to the Campaign for Working Families Political
Action Committee.
Campaign Legal Center filed a complaint with the FEC alleging that Jerry
Falwell Ministries (JFM) and Liberty Alliance (LA), a lobbying
organization, violated election laws by circulating an e-mail that expressly
advocated the election of a federal candidate and contained a solicitation
for contributions to a PAC.
Liberty Counsel's legal response argued that LA and JFM are covered by the
press exemption. Dr. Falwell is the founder of Liberty Broadcasting Network,
WTLU television station, the Liberty Channel cable network, and two radio
stations, WRVL FM and WWMC FM.
His "Old Time Gospel Hour" has been broadcast
since 1956 and is the longest-running, uninterrupted religious program in
the nation. His "Falwell Confidential" is carried by WorldNetDaily and
NewsMax.
The response also argued that LA and JFM meet the "qualified
nonprofit corporation" status because they are supported by private, rather
than corporate, contributions.
Finally, the response argued that the cost of
disseminating the e-mail was minimal. The FEC voted 6-0 to dismiss all
allegations.
Mathew D. Staver, President and General Counsel of Liberty Counsel,
stated: "Dr. Falwell does not lose his right to personal expression each
election cycle. As a member of the media, the media outlets through which he
communicates enjoy the protection of the First Amendment, just as much as
The Washington Times."
Dr. Falwell commented: "Religious nonprofit groups
are not orphans to the First Amendment. I have been expressing my views on
politics for five decades and am pleased with the FEC's ruling."
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