Campaign Finance Trial on Friday

This Friday, the Coalition for Secular Government will be in federal court, arguing that Colorado's campaign finance regulations on "issue committees" violate our free speech rights. (Our case is being argued by the fine attorneys of the Center for Competitive Politics.)

Basically, I don't want to have to do the equivalent of filing taxes every two weeks just so that Ari Armstrong and I can publish a very wonkish policy paper on abortion rights. Our policy paper isn't like a campaign ad, yet it's treated like one by the law... which sucks. (For details, read my December 2011 testimony to Colorado's Secretary of State.)

If you want to see litigating for liberty in action, the trial will be held on Friday, starting at 10 am, in the federal courthouse at 901 19th Street in Denver. We're before Judge Kane.

We have a good shot at making a dent in these unjust laws... and I'm very excited!

Read more...

Coalition for Secular Government Cited in the Wall Street Journal

I'm delighted to report that the Coalition for Secular Government was mentioned in a recent column in the Wall Street Journal: Bradley Smith: The Supreme Court and Ed Corsi's Life of Political Crime. Here's the relevant tidbit:

In Buckley v. Valeo (1976), and again in Federal Election Commission v. Massachusetts Citizens for Life (1986), the Supreme Court held that the regulatory requirements of operating a political action committee could not be imposed on groups that lacked the primary purpose of supporting or defeating political candidates in elections. But across the country, states are flouting that command, imposing rigid requirements on ordinary citizens who are trying to express their political opinions.

In Colorado, for example, a group of friends calling themselves the Coalition for Secular Government operate a website on which they posted a long policy paper on abortion and church-state relations. The paper concluded by urging Coloradans to vote "no" on a ballot measure. For that, the state says they must register as a political committee and report their activities, income and expenses.

The article begins with an even more egregious case than ours, and it's well worth reading.

Read more...

Colorado Supreme Court on to Answer Questions on Campaign Finance

This press release from the Center for Competitive Politics -- Colorado Supreme Court to Rule on Federal Judge's Questions -- is awesome, awesome news for the Coalition for Secular Government's challenge to Colorado's campaign finance laws.

In an order received today, the Colorado Supreme Court agreed to a US District Court judge's request to "provide clear guidance... as to the scope and meaning" of four unclear provisions of Colorado's campaign finance laws that are the subject of litigation under the First Amendment to the US Constitution.

The request was made by Senior Judge John L. Kane of the United States Court for the District of Colorado in connection with a case brought by the Center for Competitive Politics (CCP) on behalf of the Coalition for Secular Government (CSG). Allen Dickerson, CCP's Legal Director, said today he is "pleased that Colorado's highest court will provide a definitive interpretation of key provisions in Colorado's campaign finance laws and address the important constitutional issues raised in this case."

The lawsuit challenges whether Colorado can force small educational groups to register with the state before expressing an opinion on or publishing an analysis of a ballot question. Because of vague state laws, confusion as to what constitutes political speech and what is covered under a press exemption, and a refusal by the state to abide by a federal court order, CSG has found it nearly impossible to carry out the activities of a small non-profit group without fear of running afoul of complex Colorado campaign finance laws.

Judge Kane asked the Colorado high court for the interpretation because the "lawsuit raises First Amendment challenges to several provisions of Colorado campaign finance law that remain undefined by the Colorado Constitution, Article XXVIII's implementing legislation, or case law from Colorado courts."

Judge Kane certified four questions, which the Colorado Supreme Court has now agreed to answer. The questions are as follows:
1. Is the policy paper published by the Coalition for Secular Government (CSG) in 2010 "express advocacy" under Art. XXVIII, S 2(8)(a) of the Colorado Constitution?

2. If the policy paper is express advocacy, does it qualify for the press exemption found at Art. XXVIII, S 2(8)(b)?

3. Is the policy paper a "written or broadcast communication" under S 1-45- 103(12)(b)(II)(B), C.R.S.? If not, did it become a "written or broadcast communication" when it was posted to CSG's blog or Facebook page?

4. In light of Sampson v. Buescher, 625 F.3d 1247 (10th Cir. 2010), what is the monetary trigger for Issue Committee status under Art. XXVIII S 2(10)(a)(II) of the Colorado Constitution?

A copy of the court order is available here. The case, over which Judge Kane presides, is Coalition for Secular Government v. Gessler, No. 12-cv-1708. The plaintiff's brief to the Colorado Supreme Court is due December 3, 2012.

Once again, I cannot properly express my gratitude to Allen Dickerson and the rest of the staff at the Center for Competitive Politics for this legal challenge to Colorado's campaign finance laws.

I'm not just grateful for the hope that I'll never have to file campaign finance reports again -- nor even for the hope of striking a solid blow for free speech in Colorado. I'm grateful because my participation in this case has enabled me to see that the rule of law, while not perfect, is a robust institution in America. As a result, I've become far more optimistic about the future over the past few months. I don't share the post-election "Doom and Death Camps" so prevalent among advocates of free markets, for reasons that I explained in Sunday's Radio Show. I'm glad of that, and I'm proud of that.

So if you'd like to assist in the efforts of the Center for Competitive Politics, you can donate here.

Read more...

Gessler: Our Campaign Finance Laws Are "Screwed Up"

Sara Burnett blogged about my campaign finance lawsuit for the Denver Post yesterday. The post begins:

The Center for Competitive Politics has filed a federal lawsuit against Secretary of State Scott Gessler, saying Colorado’s campaign finance laws are overly burdensome and violate the First Amendment rights of small educational groups that want to weigh in on a ballot question.

It’s not the first lawsuit filed against Gessler over campaign finance rules. But unlike those cases, Gessler may find himself siding with the plaintiffs – at least philosophically – on parts of this one.

“I’m sympathetic to these small groups wanting to engage in their elections and it only further illustrates how screwed up our campaign finance laws are,” Gessler said in an emailed statement today.

Amen to that! Go read the whole thing.

Read more...

Fighting Back Against Colorado's Campaign Finance Laws

I have some exciting news to share -- and I'm particularly delighted to share it with you on Independence Day!

My fight against Colorado's onerous campaign finance laws has been taken to a whole new level, thanks to the Center for Competitive Politics. They're representing the Coalition for Secular Government in a federal lawsuit challenging the application of Colorado's campaign finance law to Ari Armstrong's and my policy paper in defense of abortion rights. CCP is arguing that the onerous campaign finance regulations violate our First Amendment rights.

I couldn't be more excited for this opportunity protect the right to speak freely on politics in Colorado.

Here's CCP's press release. You can expect more details to be posted on here and on NoodleFood in upcoming weeks.

Colorado Group Files First Amendment Lawsuit

DATELINE: Monday, July 2, 2012

CONTACT: Sarah Lee, Communications Director, Center for Competitive Politics, 770.598.7961

ALEXANDRIA, Va. -- The Center for Competitive Politics (CCP) legal team, led by Legal Director Allen Dickerson, today filed a lawsuit in the United States District Court for the District of Colorado on behalf of the Coalition for Secular Government (CSG). The question raised by the First Amendment lawsuit is whether Colorado can force small educational groups to register with the state before expressing an opinion on or publishing an analysis of a ballot question.

Colorado resident Diana Hsieh, a doctor of philosophy, organized the non-profit CSG together with her friend Ari ArmB in order to promote a secular understanding of individual rights, including freedom of conscience and the separation of church and state. Because of unconstitutionally vague state laws, confusion as to what constitutes political speech and what is covered under a press exemption, and a refusal by the state to abide by a federal court order, Hsieh and CSG have found it nearly impossible to carry out the activities of a small non-profit group without fear of running afoul of complex Colorado campaign finance laws.

"Ari and I simply wanted to discuss a Colorado ballot measure as a small part of our effort to educate people about our philosophy. Our goal has never been to defeat such measures; they would have lost just as badly without our policy papers," Hsieh notes. "It's frustrating that even our modest efforts are hampered by the Colorado campaign finance system. To avoid the risk of costly lawsuits and hefty fines, we must report minor purchases of office supplies and the names and addresses of small-dollar donors. Our experiences with Colorado's system have been confusing and dispiriting. We've not abandoned our efforts, as most people would have done, but we've definitely scaled back our efforts. We shouldn't have to register and file these meaningless reports with the State to speak on moral and political topics of public concern."

Dickerson and the CCP legal team filed a complaint alleging that, even though Diana and CSG plan to raise no more than $3,500, nearly all of which will go toward updating and disseminating an expanded and updated copy of their public policy paper, the state of Colorado appears to demand that CSG register as an issue committee, with all the paperwork burdens and restrictions that status entails. Dickerson notes that this is unconstitutional under the First Amendment to the U.S. Constitution and burdensome, particularly for a small group seeking only to exercise their right to speak.

"No group that spends very little money, and whose principal product is a policy white paper, should need the state's permission to speak," said Dickerson. "Despite good intentions, Colorado's voters approved laws with that unreasonable and unconstitutional result. We hope this suit will give the federal courts an opportunity to protect CSG and other vulnerable, grassroots speakers."

The suit asks for a declaratory judgment and requests that the court hear CSG's claims on an expedited basis.

A background paper on the lawsuit can be viewed here.

A copy of the complaint filed in the lawsuit can be viewed here.

The Center for Competitive Politics promotes and defends the First Amendment's protection of political rights of speech, assembly, and petition. It is the only organization dedicated solely to protecting First Amendment political rights.

Read more...