The Center for Competitive Politics joined other organizations concerned about First Amendment political rights in filing a friend-of-the-court brief in Independence Institute v. Buescher today. The Institute for Justice is representing the Independence Institute in its challenge of Colorado’s restrictive campaign finance laws.
The Institute’s petition for certiorari is under consideration at the Supreme Court, which will decide whether to hear the case this fall.
“Unfortunately, today in Colorado, citizens giving as little as $20 to an organization speaking out about referenda issues could have their identities disclosed on the Internet without their permission,” said Center for Competitive Politics attorney Benjamin Barr, the author of the brief. “Whether supporting the NRA, the Sierra Club, or a local think tank, the First Amendment protects the rights of citizens to associate and speak without government intervention.”
The Independence Institute, a non-profit think tank, faced charges under Colorado’s campaign finance laws simply for speaking out on statewide tax and spending ballot referenda during the 2005 election cycle. After the Institute aired radio ads criticizing the referenda, a complaint was filed with the Colorado’s Secretary of State alleging that the Institute was not an educational non-profit group but an “issue committee” campaigning against the referenda — violating campaign finance laws by failing to register with the government, report expenditures and contributions, and disclose the identities of its supporters.
The Independence Institute filed a lawsuit to challenge Colorado’s campaign finance laws, specifically their disclosure and reporting requirements that chill political speech and association and the requirement that contributors’ identities be disclosed, which violates Colorado citizens’ right to anonymous speech and political participation.
“This case presents the Supreme Court with the opportunity of protecting citizens joined together in civic associations who wish only to participate in our democratic process by sharing their views about referenda issues of the day,” said Center for Competitive Politics President Sean Parnell. “No one should be expected to face death threats or harassment just because they join together with other likeminded citizens and speak out about ballot issues. The First Amendment does not support the theory that people must first be clubbed over the head before their rights will be protected.”
The Center for Competitive Politics (CCP) is a non-profit organization which seeks to protect the First Amendment political rights of speech, assembly, and petition. The Cato Institute, Wyoming Liberty Group, Sam Adams Alliance, Montana Policy Institute and the Goldwater Institute Scharf-Norton Center for Constitutional Litigation joined the brief in support of the Independence Institute.
