Lynchburg, VA - The Federal Election Commission ("FEC") unanimously dismissed a complaint filed against Jerry Falwell Ministries and Liberty Alliance related to statements Dr. Falwell made in a "Falwell Confidential" email 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" email urging people of faith to exercise their vote during the presidential election. In the email, 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." The email 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 email 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 email 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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