News Week – George Will – Oct. 9, 2006:

When the state’s government imposed a 9.5-cents-per-gallon increase in the gas tax, John Carlson and Kirby Wilbur of station KVI began advocating repeal by initiative. Proponents of repeal put up a Web site, hoping to raise 1,000 volunteers and $25,000. In two days they had 6,500 and $87,000. Needing 224,880 signatures to put repeal on the ballot, they got 400,996.

Appalled by this outburst of grass-roots democracy, some local governments, which stood to gain many millions from the tax, unleashed a law firm that would gain substantially from handling the bond issues the tax would finance. The firm set out to muzzle Carlson and Wilbur, using the state’s campaign regulations.

It got a judge to rule that the broadcasters were not just supporters of the repeal campaign, they were agents of it. Why, they had even used the pronoun “we” when referring to proponents of repeal. Their speech constituted political advertising, and their employer was making an “in-kind contribution” to the repeal campaign. The judge said a monetary value must be placed on their speech (he did not say how, he just said to do it that day). The law says reports must be filed and speech limits obeyed or fines imposed.

Wait, there’s

A few people opposed to a ballot initiative that would annex their neighborhood to Parker, Colo., talked to neighbors and purchased lawn signs expressing opposition. So a proponent of annexation got them served with a complaint charging violations of Colorado’s campaign-finance law.

In Florida, a businesswoman ceased publication of her small-town newspaper rather than bear compliance costs imposed by that state’s speech police.



  1. Stu Mulne says:

    Thank you, McCain & Feingold….

    (Yeah – I know that’s Federal, but the principle is the same – stifle grass roots or “unapproved” comment….)

    If CNN, OTOH, wanted that tax cancelled, it’d be gone, and the politicos would be fighting each other over credit for having done so.

    Lawyered to death….

  2. Improbus says:

    Politicians and lawyers wonder why people have such a low opinion of them. I say hang’m all because they aren’t worth a bullet.

  3. ECA says:

    At least put them to use…
    Invite them to a Cruise, and use them as Shark bait.

  4. Improbus says:

    We are going to use you as chum Chum! Muhahahahahaha!

  5. Ab Cd says:

    Has John Dvorak registered this site as an election agent? Is he spending more than $250? Is he mentioning politicians within 60 days of an election?

    I think the FEC is going to have to come after him. Something else in the federal law, if your opponents are spending lots of money, then you are allowed to raise extra money yourself from each person. If this higher level isn’t corruption, then how can the Feds justify having the lower level the rest of the time?

  6. Blues says:

    Wow. What’s it like to live in a police state?

  7. Mike says:

    It’s completely absurd that the answer politicians have for their own corrupt behavior is to take away the speech and property rights of everybody else.

    These campaign finance laws are completely un-American.

  8. Frank IBC says:

    Every time I think about the possibility of a third party ticket with McCain on it… I remember the abomination that he sponsored.

  9. Ab Cd says:

    This was predicted at the time. Parties don’t really follow the law to the letter, but if the democrats didn’t have to operate under the restrictions of campaign finance reform, their get out the vote operation would have been much better, and we’d have President Kerry right now. This law was signed by George Bush, and it was the Democrats who were pushing for it. Will they ever try and not shoot themselves in the foot and run a proper campaign?

  10. joshua says:

    Careful what you wish for……you just might get it!!!!!

    This was the advice the Democrats got when campiegn finance first came up.

  11. AB CD says:

    Can someone explain the justification for the rule that all ads must have the candidate say he approves the message? That is a definite violation of free speech rights.


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