THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, October 16, 1996 TAG: 9610160450
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY JEFFREY S. HAMPTON, CORRESPONDENT
DATELINE: ELIZABETH CITY LENGTH: 36 lines
North Carolina Right to Life Inc. is not breaking the law by distributing its voter guide, a U.S. District Court judge ruled Tuesday.
``The North Carolina Right to Life voter guide advocates issues and can't be regulated,'' said James Bopp Jr., an Indiana attorney who has argued four similar cases in other states and has won them all. Bopp represents the Washington, D.C.-based National Right to Life Commission. N.C. Right to Life Inc. is an arm of the national organization.
``To discuss issues of public concern is essential,'' Bopp said minutes after the two-hour hearing. ``How can we hold anybody accountable if we're not free to discuss the candidates?''
North Carolina law states that a corporation cannot publicly endorse candidates. The N.C. State Board of Elections claimed that the Right to Life voter guide, called ``The Concept,'' breaks that law.
``The Concept'' publishes responses from legislators on questions about abortion and assisted suicide and provides general information about the state legislature.
Bopp argued that the voter guide highlights candidates who support Right to Life issues, but it does not advocate voting for one or another, which makes it legal and backed by the U.S. Supreme Court.
``A lot of things can influence an election,'' said Bopp. ``That doesn't mean it's illegal.''
Attorneys for the State Board of Elections could not be reached for comment. The public information officers with the Attorney General's office were not familiar with the case.
The situation is similar to an August case in which the Federal Elections Commission challenged the Christian Coalition, headed by Pat Robertson, on its voter guides. Virginia's attorney general chose not to pursue the case. by CNB