Citizens in Charge

The state of Florida has decided not to appeal a case in which a state law aimed at restricting ballot initiatives was struck down. The non-profit Institute for Justice declared the decision a victory, with lead attorney Bert Gall saying that “The regulation of some speech inevitably leads to the regulation of all it, which is why politicians should keep their hands off their constituents’ First Amendment rights.  Floridians should be thankful that the district court protected those rights when politicians failed to do so.”

Under the law which was struck down, any group of people that simply mentioned a candidate or a ballot issue in a public newsletter or on a website had to register with the government and report all of its spending and donors, including those who never intended their gift to go towards political speech.  Groups that failed to comply faced fines and possible jail time for their speech.  Individuals were also subject to burdensome reporting requirements if they spent just $100 of their own money to speak.

While striking down the speech restrictions U.S. District Court Judge Stephan Mickle wrote, “While it is true that the legislature has the power to regulate elections, it does not have the power to regulate purely political discussions about elections.” Institute for Justice’s Gall continued, “Politicians should not be able to make it harder for groups they don’t like to speak poorly of them during election season. And no one’s right to free speech should depend on whether a majority of legislators like the message.”

Other groups involved in the lawsuit inclued the University of Florida College Libertarians, the National Taxpayers Union, and the Broward Coalition of Condominiums, Homeowners Associations and Community Organizations.