If Senate File 1915 becomes law as written, there is a high likelihood that the law will be found unconstitutional if challenged in court. Any potential legal action will cost the state a great deal of money defending the case, and will distract the Attorney General’s office from meritorious legal work. Additionally, it is probable that the state will be forced by the courts to award legal fees to successful plaintiffs. Legal fee awards are often costly, and can cost governments well over one hundred thousand dollars.
Various sections of the bill are unconstitutionally vague. The bill regulates an expansive amount of speech, including books and websites. The bill’s disclosure provisions go farther than any form of disclosure approved by the U.S. Supreme Court, and are drafted in such a way as to impose onerous burdens on small organizations.
