In Wisconsin we see exactly what it is that so-called campaign finance reform has really accomplished – the regulation of speech. Want to speak your mind about an upcoming election? Too bad, you can’t do it without court permission.

A pro-life group filed a motion Friday in district court to allow them to air a radio ad calling on Wisconsin citizens to contact Wisconsin Democratic Sens. Russ Feingold and Herbert Kohl and urge them to push the Child Custody Protection Act through conference committee.

Wisconsin Right to Life filed a temporary restraining order and preliminary injunction in the District Court for the District of Columbia to allow them to air the ad because the state is currently in the blackout period mandated by the McCain/Feingold campaign finance law.

“Because Senator Kohl appears on the primary election ballot, permission is needed from the federal court to air grassroots lobbying ads mentioning his name, even though the radio ad has nothing to do with elections,” said James Bopp, Jr. counsel to Wisconsin Right to Life in a statement.

It should make no difference whether they mention a candidate or not as it’s, if the Constitution is to have any meaning at all, protected speech in either case. The period leading up to an election is precisely when political speech is most relevant and must be protected. The single minded fanaticism of McCain and his ill conceived legislation has led to a system of incumbent protections that hinder, rather than help, democracy.