A Florida campaign law requiring nonpartisan groups to register as
elections groups unconstitutionally limits political free speech, a
federal judge has ruled. (Read the ruling here.)
“This
is a tremendous victory for the First Amendment right to speak about
politics without the government getting in the way,” said Bert Gall, an
attorney for the Institute for Justice, which filed suit on behalf of
the Broward Coalition of Condominiums, Homeowners Associations and
Community Organizations, the University of Florida College Libertarians
and the National Taxpayers Union.
“Florida’s law put everyday
political speech under the thumb of campaign finance bureaucrats. But
with today’s ruling, all Floridians—not just political insiders—can now
discuss important political issues without fear of being punished or
forced to submit to onerous regulations," Gall said.
U.S.
District Judge Stephan P. Mickle ruled Friday. The law requires even
nonpolitical organizations to register with the state if they merely
mention candidates or issues in publications or through other
communications such as Web sites. In October, Mickle granted a
preliminary injunction that stopped the state from enforcing the law
pending the final ruling in a suit filed by some affected groups.
A spokeswoman for Secretary of State Kurt Browning said Tuesday that he
will appeal the decision to the 11th U.S. Circuit Court of Appeals in
Atlanta.
"I
can't believe the state will spend tax dollars to appeal this," said
Charlotte Greenbarg, president of the Broward Coalition, which printed
a newsletter discussing items on the November ballot only to find out
it would have to register as an elections group. She said she was
"delighted" by the ruling.
Reporting by The Associated Press and Alex Leary
Related posts: