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Strike at the Root Disclosure laws do have obvious negative effects, though: They unfairly burden “grassroot” organizations through expensive and costly reporting requirements and through depressing political support because of fear of intimidation.
They can also be used arbitrarily and ridiculously. A few examples:
• Karen Sampson and six other residents of North Parker, Colorado were sued last year for violating the state’s campaign finance laws when they got together to pass out flyers and put up some yard signs opposing annexation by the city of Parker.
• A Washington court ruled that when radio talk show hosts John Carlson and Kirby Wilbur of KVI-AM (in Seattle) spoke “on air” in favor of a referendum to block a gas tax increase they were making “a campaign contribution” that had to be reported. Furthermore, because of a $5,000 limit to contributions during the final three weeks of a campaign, the court ruling sought to limit them to speaking no more than 15 minutes a week about the gas tax.
• California’s campaign finance regime, the so-called Fair Political Practices Commission, is a nightmare even with the help of a battery of attorneys and accountants. The largest fine in the history of the state was leveled against a campaign committee seeking to recall the powerful Senate President David Roberti, which, fearing retribution against its donors, did not fully disclose donors to the FPPC. Though the committee just barely raised $100,000, they were fined a whopping $808,000! Intriguingly, fines for much more egregious violations by much better-heeled committees have been far less.
The arbitrary criminalization of handing out a flyer. Media muzzled. Voters intimidated right out of politics. It’s time to end the regulation of political speech by government.
Remember: Much public discourse was carried on anonymously during America’s revolutionary days. And remember, too: We have always cherished the secret ballot.
So doesn’t it seem strange that citizens in a free country must register with the local, state or federal government in order to participate in politics?
It isn’t free speech any longer when you have to register to speak. |