Election laws stifle speech
Bert Gall and Valerie Bayham • My View • November 5, 2008

Florida's campaign finance laws have taken the regulation of political speech to new and ridiculous lengths, leaving practically no room for free speech about politics.

Until a federal ruling last week suspending one of those laws, every community organization, group blog, church or nonprofit that mentioned a candidate or a pending ballot issue in a public communication that costs money to publish or distribute had to register with the state as an "electioneering communications organization."

These laws also apply to any individual who spends more than $100 to mention a candidate or ballot issue.
Community groups such as the all-volunteer Broward Coalition of Condominium, Homeowners and Community Organizations near Fort Lauderdale add valuable voices to the public debate. But if the Broward Coalition wanted to write a comment in its newsletter regarding a ballot issue, it had to first register with the government, appoint a campaign treasurer, make regular reports, record expenditures and disclose all its donors — even those whose contributions were not intended to support political speech.

There are a few limited exceptions to the definition of "electioneering communication." The term does not include editorial endorsements, news stories, public forums with proponents and opponents of a ballot issue, and newsletters that go only to a group's members.

For speech about candidates, it must be targeted to reach 1,000 people in the relevant electorate. But these exceptions leave the vast majority of speech about ballot issues or candidates subject to regulation. You don't even have to support or oppose the candidate or issue you mention — just making a clear reference to a candidate is enough to trigger government red tape.

Most grassroots groups in Florida and elsewhere probably didn't even know they were breaking Florida law with their speech, yet they could have faced fines and even jail time just for mentioning a candidate or ballot issue.

Laws like Florida's chill political speech and make politics an insiders' game. Political pros can hire an army of lawyers and accountants, but ordinary citizens and all-volunteer groups don't have the experience or resources to navigate the complex web of regulations and will instead stay silent during an election cycle.

Other groups were silenced by these laws as well. Before last week's ruling, the College Libertarians at the University of Florida couldn't advertise that a local libertarian-minded candidate was coming to talk on campus, because their ads might have reached more than 1,000 voters.

The National Taxpayers Union, which regularly publishes commentary on tax-related state ballot issues all across the country, had to delete any comments regarding Florida's tax-related ballot issues before going to press.

Such community groups, student groups and national watchdogs add to the vibrancy of public debate. Unfortunately, Florida's law is part of a growing trend of shutting up and shutting out anyone but political pros from politics.

Something is wrong when, in a nation that supposedly cherishes free speech and self-government, a state saddles groups and individuals with regulations and red tape for simply expressing their opinions on candidates and issues.

The Institute for Justice filed a First Amendment lawsuit in federal court in Tallahassee that led to the law's suspension. But it is still on the books, pending a final ruling. To ensure that Americans do not have to get the government's permission before speaking about politics, we hope to end it once and for all.

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http://tallahassee.com/article/20081105/OPINION05/811050306/1006/OPINION