By Randy Page
Over the past several weeks, there has been much debate on the
filing requirements of grass-roots organizations like South
Carolinians for Responsible Government (SCRG). While nobody would
describe this as a "sexy" issue, the ramification on our right to
free speech could be great.
First, SCRG is following all applicable state and federal laws,
as we have done for the past three years. We are a nonprofit
501(c)(4) educational organization that is allowed to lobby. Our
primary activities have been to educate the public on school choice
and limited government issues, and to lobby the S.C. General
Assembly on associated legislation -- all of which is consistent
with our charter.
Part of that effort included a two-day radio buy during the
recent school choice debate that encouraged the general public to
contact various House members and urge them to vote for the
proposal. It was purely an issue advocacy advertisement that had
nothing to do with the upcoming elections. Certain lawmakers took
offense at being called by their constituents and are using an
extremely hazy ethics law to proclaim we have crossed the political
line and are not abiding by campaign finance law. SCRG contends we
have done nothing that can be defined as "altering the outcome of an
election," which would trigger our group having to disclose certain
financial information.
All we have done is try to engage people in the legislative
process, which is separate and distinct from the electoral process.
Does the discussion of issues have a political impact? Of course it
does. No less an authority than the late U.S. Supreme Court Justice
William O. Douglas said so. But in saying so, he made the point that
such speech is the ultimate expression of free speech and could not
be restricted.
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And that is the larger issue that is not being discussed. This is
about our right to free speech and the continued erosion of the
First Amendment. We believe that forced disclosure has a chilling
effect on the First Amendment and is tantamount to silencing many
groups like SCRG who speak for thousands of citizens.
SCRG is often at odds with entrenched politicians and the
government establishment because of our limited government beliefs.
Groups like SCRG serve as a protective measure against those who
might seek to silence our supporters. People might laugh at that
assertion, but anonymity is warranted when you are taking on the
government -- in this case it's primarily the $7 billion education
establishment.
There is legal precedence on this issue. The 1958 U.S. Supreme
Court ruling in NAACP vs. Alabama protects the anonymity of
supporters of nonprofit corporations organized for the purpose of
advancing public policy issues. The court confirmed that forcing the
disclosure of the group's membership lists was likely to have a
deterrent effect on the freedom to associate (and the speech it
afforded them) and there was no legitimate justification for
requiring such disclosure. In our case, there is also no legitimate
justification for insisting that SCRG disclose its supporters.
The public needs to be aware that these ethics questions are
simply a politically motivated attempt to divert attention away from
certain House members' voting records. It's disappointing that
elected officials would rather restrict the right to free speech
than be held accountable for their votes, but SCRG is an easy
target.
To those who side with our opponents -- particularly the media --
you must ask yourself the question, "Where does it end?" One logical
extension of speech restrictions was recently tried in the state of
Washington. In that state, a talk radio host devoted several of his
shows to discussing a proposed tax increase. He spoke out against
the tax hike loudly and often. The local public employee unions
filed charges against the talk show host alleging that he had made a
contribution to the "NO on Taxes Committee" and asked that he be
fined. Amazingly, the trial court found in favor of the unions and
against the press.
So before indicting SCRG, remember, the rights you take away from
us today may be the rights you lose tomorrow. |