ACLJ: Let Americans Exercise Free Speech without Fear of Retribution or Government Surveillance.

WASHINGTON -- The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today that the free speech rights of Americans must not be ignored as the White House and some members of Congress move to intimidate and silence critics of President Obama's policies - including health care legislation.

"The ability to engage in robust debate is at the center of our constitutional freedoms and is now as important as ever," said Jay Sekulow, Chief Counsel of the ACLJ. "The issues that matter most to Americans trigger honest and emotional reactions. As the Supreme Court concluded 60 years ago, 'The vitality of civil and political institutions in our society depends on free discussion.' Americans must continue to enjoy the freedom to express themselves without fear of retribution or surveillance by the government."

In a legal analysis being distributed to members of Congress, the ACLJ reminds lawmakers that this nation has a long history of Americans exercising free speech to comment on important social issues of the day.

The ACLJ legal analysis comes just days after the White House initiated a speech-monitoring program urging Americans to 'flag' and report to the White House those who oppose President Obama's health care proposals. The ACLJ's letter to President Obama urging him to rescind the initiative is posted here: http://www.aclj.org/media/pdf/ACLJ_LettertoPresidentObama_080609.pdf

In an opinion editorial in USA Today, House Speaker Pelosi and House Majority Leader Hoyer labeled those who are protesting President Obama's policies as 'un-American.' And Senate Majority Leader Reid has accused those speaking out against health care policies of trying to 'sabotage' the democratic process.

In its legal analysis, the ACLJ states: "Throughout our nation's history, Americans have used their freedom of speech to express their viewpoints on important social issues of their day. While the venues have evolved over time - from soapbox oratories on the village green to blogs and email blasts - the First Amendment's protection of issue advocacy has remained robust. Citizen participation in town hall meetings and similar events to discuss social issues and legislative proposals pre-dates our Nation's founding and continues to the present day. When such meetings are opened up for citizen questions or comments, members of the public should feel free to ask difficult questions and make their opinions known. This form of non-disruptive participation in the government decision-making process is fully protected by the First Amendment."

The ACLJ legal analysis is posted here: http://www.aclj.org/media/pdf/Freedom_of_Speech-081209.pdf

Citing Supreme Court precedent protecting speech at town hall meetings, the ACLJ analysis asserts that "Americans have the freedom to speak out for or against legislative proposals or other government action at town hall meetings and elsewhere without fear of retribution or surveillance by the government. As the Supreme Court has noted, '[t]he purpose of the Constitution and Bill of Rights . . . was to take government off the backs of people.'" Schneider v. Smith, 390 U.S. 17, 25 (1968).

"Public officials should support and encourage citizen involvement in the government decision-making process through participation in town hall meetings, petition drives, and grassroots issue advocacy," the ACLJ analysis concludes.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.