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Unwrapping the Red Tape

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That would be the First Amendment. Remember it? That little thing the Founders gave us to ensure that our speech could not be stifled by the iron hamfist of overwhelming bureaucratic powergrabbage?

If you’re a bureaucrat in Florida, the answer is probably no. Behold:

Protecting Citizen Speech in Florida

Sarasota-area residents Nathan Worley, Pat Wayman, John Scolaro and Robin Stublen talk politics once a week as part of an informal political group. But in 2010, a proposed amendment to the Florida Constitution prompted them to stop talking and take political action.  They want to run a simple radio ad, urging the public to vote “no” on Amendment 4.

This sort of spontaneous political speech should be easy.  As IJ Staff Attorney Paul Sherman said, “In America, the only thing you should need to talk about politics is an opinion.”

Unfortunately, Florida’s campaign finance laws make speaking out far more difficult than it should be.  Under Florida law, anytime two or more people join together to spend more than $500 to advocate the passage or defeat of a ballot issue, they become a fully regulated political committee.

/gak

Keep going:

As a result, before they can even publish an ad, the group would have to register with the state and comply with a host of regulations the Florida Secretary of State admits are “complex,” and the U.S. Supreme Court recently called “burdensome” and “expensive” even for corporations and unions.  This includes appointing a treasurer, opening up a separate bank account, and tracking and reporting every single penny that goes through the organization.

The bureaucracy admits the regulations are complex (which is code for, “we gave up after the first page of definitions.”)

The SCOTUS bench, which is comprised of some of the smartest people on the planet, admits that even large corporations would have trouble complying with these laws.

And yet here we are, looking Nathan Worley straight in the eye and telling him he can’t purchase an ad on public radio because he hasn’t the resources to hire a battalion of lawyers to defend himself against the legislators who were hired to work on his behalf.

We all know what’s going on here. We’re not stupid, and neither are the politicians who drafted this garbage. They know that they’ve put the muzzle on political “outsiders,” all in the name of “reform” and “transparency” and “unicorns” and “the warm fuzzies I feel when I realize I’m going to be in office for the rest of my corrupt, morally bankrupt life.” They know that the sick, twisted laws they helped write will not only quash the free speech of grassroots activists, but will also make it nearly impossible for those activists to reach out to fellow voters in an attempt to have the laws repealed.

Lucky for us, there are those who are willing to fight this on behalf of people like Nathan Worley, Pat Wayman, John Scolaro and Robin Stublen. The Institute for Justice has launched the Citizen Speech Campaign in an effort to resuscitate the free speech rights of citizen activists in Florida; a lawsuit on behalf of Worley and his friends is only the first step.

22 states currently impose “contribution limits” on donations to independent political groups. This means that it is illegal for anyone to exceed the government-mandated donation cap when giving money to a private organization. This should scare the crap out of you. This should send you running to the internet to make sure your representatives aren’t doing to you what Nathan Worley’s representatives are trying to do to him. Whatever you do, don’t allow yourself to be silenced by bureaucrats so terrified of an “astroturf” movement that they would rather trample the Constitution—a document and an idea they once swore (with their fingers crossed) to protect—than actually attempt to defend their policies.

Remember—if you remain silent, they win.

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COMMENTS

  • romeg

    Doesn’t the Constitution of the United States trump FL law?

    If ever a situation cried out for “Civil Disobedience” THIS is IT!

    Isn’t there a way to donate to Nathan’s efforts and bypass this blatant attempt by Nannystate Legislators in Tallahassee?

    • GregInFla

      that if we exceed, we’ll be violating the same law?

      Amy, thanks for writing this. As a politically-minded Floridian, I’m passing a link to this diary to friends.

      • http://amymillervrwc.wordpress.com/ Amy Miller

        I’m not sure, because I think you might be able to send the money as a personal gift to Nathan.

        However, IJ has taken on the case, so I think they’re set :) Those guys do good work!

    • http://amymillervrwc.wordpress.com/ Amy Miller

      …which will be the standard upon which this case is decided :)

  • http://www.laborunionreport.com LaborUnionReport

    So we should, therefore, not be surprised by the despotic and tyrannical attempts to shut the American people up.

  • JoeG

    My wife was an officer in a registered PAC. The safest route was to hire a lawyer with experience in the area to take us through the process.

    It really was a grass roots campaign to do a lowly county level initiative. Nothing more that multiple moms who got together in one of their kitchens.

    They spent $4,500 on legal fees before they ran their first advertisement. Even then I’m sure they didn’t comply with everything.

  • kaye

    with all the horrendous ways our government, local, state, and federal, are working against us. The words of the Declaration of Independence and the times they represented are parallel to today.
    I want to stay away from the news (mostly on-line), but like a moth drawn to the light, I keep checking to read what is the next outrage of the day.

  • dvdmsr

    But then again I’m one of those extremists that the MSM/Democrats is warning the country about.

    Seriously, if you’re concerned about this intrusion upon free speech, the relevant constitutional provision is Article I, Section 4 of the Florida constitution:

    “Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.”

    • dvdmsr
  • http://www.sunshinestatesarah.com sunshinestatesarah

    I’m an attorney in Florida and election and campaign finance law is part of my practice. I will be the first one to say that our election laws BADLY need revision.

    The Legislature did show some great common sense recently when they enacted a new law exempting certain internet ads, twitter posts, etc. from the political disclaimer rules. But this was a rare moment of logic in an otherwise complicated and confusing mess of statutes and regulations and contradictory advisory opinions.

    The worst part, in my opinion, is that the laws are often used as a weapon to attack people just trying to exercise their First Amendment rights, while those who are really engaging in unethical behavior (financial improprieties, lying about their opponents, etc.) seem to be able to continue their wrongdoing with little to no check on their behavior.

    …and then at the same time, the laws fail to stop the most egregious behavior…

    We have several candidates in Central Florida who have just flat-out lied about their opponents, repeatedly fail to file their campaign finance reports, etc. The Division of Elections and Florida Elections Commission are darn near powerless to do anything.

    They have no power to investigate anything on their own, and then once a complaint has been filed, there are multiple levels of staff review and analysis, multiple hearings and opportunities to submit evidence, and that’s just to get to the point where they issue an order finding “probable cause” that a violation has occurred. Then there is a hearing to adjudicate finally whether the violation did actually take place and another to issue a fine.

    Bottom line is that a candidate who sends out an improper election advertisement will get more due process rights and more chances to defend himself than he would if he killed someone. That’s just plain ridiculous, a waste of taxpayer money, and a lousy way to deter future election law violators.

    Sunshine State Sarah
    www.SunshineStateSarah.com

  • http://www.800cart.com Ron Robinson

    We have the exact same problem here in CA with the FPPC. And Amy uses the term ‘battalion’ of lawyers advisedly. After McCain-Fiengold ‘Campaign Reform’ it took a platoon of lawyers to engage in free speech. Now it does indeed take a full battalion of lawyers.

    So if you want to speak out on a ‘local’ issue, such as who you are going to elect to represent that lil ol’ congressional district in your corner of your state, you are not just talking about a local issue anymore – you are now addressing the membership of US Congress, so your local election there in your lil corner of your state is overseen by the FEC (that is a national regulatory agency for those of you who don’t realize it) and compliance, of course, is mandatory.

    An attorney we recently had in the offices here recently, there for the express purpose (mainly) of informing other attorneys on the project said: there is no way to be in compliance – if they want to find you out of compliance, they will.

    I hope that more people decide to pool their resources and attempt some collective (in the good sense) ‘free speech’.

    The more people who become outraged over the current moral and legal climate for this activity, the sooner we will get it changed.

  • minncon

    Of course, it wouldn’t be me going to jail. But I would sure THINK about this if I were the guys in Sarasota.