Newsletters
The Bipartisan Campaign Finance Reform Act of 2002
The Bipartisan Campaign Finance Reform Act of 2002 (BCRA) was passed to ban so-called "soft money" financial donations to political candidates and national political parties; generally, such donations are substantial and are made by wealthy individuals, corporations, labor unions, or special interest groups. BCRA prevents corporations, advocacy groups, and labors unions, as well as any groups funded by either, from broadcasting "issue ads" on television and radio within 30 days of a primary election and within 60 days of a general election.
Spyware and Proposed Anti-Spyware Legislation
Spyware is a term used to describe a wide variety of computer software that can be installed on a personal computer without the consent or knowledge of the user or owner of the computer. Spyware can--and usually does--record whatever the user types while online, thus stealing personal information. As of October 2004, several anti-Spyware bills are pending in Congress.
Internet surveillance provision of USA PATRIOT Act
A federal court has ruled that the surveillance provision of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) was unconstitutionally broad. In striking down § 505, the federal judge said that while national security was of "paramount value," personal security was equal in importance. The judge held that § 505 was violative of the First Amendment because § 505's permanent ban on disclosure of the request was an impermissible "prior restraint" on free speech. Additionally, the surveillance provision violated the Constitution because it gave "unchecked powers" to obtain private information. Furthermore, it violated the Constitution's prohibitions against unreasonable searches.
Homosexual Conduct Laws
In 2003, the United States Supreme Court ruled that laws criminalizing acts of sodomy and oral sex between consenting adults of the same gender were unconstitutional because the laws violated the right to privacy. The stunning decision overturned a 1986 decision in which the Supreme Court--by a narrow margin--had upheld a state sodomy law. After the 2003 decision, most states struck down sodomy laws. About a dozen states, however, have kept their "homosexual conduct" laws on the books.
The Freedom of Religion and "Charitable Choice"
Increasingly, more social services are being provided by nonprofit organizations, including many religious or faith-based groups. Proponents say that such "charitable choice" makes it possible for more clients to receive services. Opponents counter that such federal approval--and funding--is an impermissible sponsorship of religion, which is prohibited by the Establishment Clause of the First Amendment to the United States Constitution. Although issues of religion and government seem to have come only recently to the forefront with President George W. Bush's "faith-based initiatives," the concept of charitable choice was made part of the federal welfare reform law passed in 1996.
