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Advocacy Blog
Friday, July 06, 2007
San Jose Lobbying Law Violates Free Speech? Where Have I Heard that Before ... ?
The San Jose Mercury News reports that environmentalist Ted Smith, founder and senior strategist for Silicon Valley Toxics Coalition sued the city of San Jose, California charging that its expanded lobbying definition of who must register, pay fees and report activities is so broad it violates free-speech rights. As many other candidates nationwide, San Jose Mayor Chuck Reed's victory in November was in part due to an ethics reform agenda, and Reed commented on the importance of promoting a transparent government. "I don't see how it affects anybody's free speech. We're not stopping anybody from talking, just requiring them to tell the public who's paying them to talk."
The suit takes issue with the city's longstanding definition of an "expenditure lobbyist" as anyone who makes payments or incurs expenditures of $5,000 or more in a calendar year with the intent of influencing a city official's vote. The law requires those who meet that definition to pay an annual registration fee of $350 plus $60 for each client; to identify themselves and their clients to the city; and to file quarterly reports detailing their lobbying activity or campaign expenditures on behalf of city officials.
In the lawsuit Smith claims that anyone who spends $5,000 printing and distributing pamphlets criticizing the city government is subject to the ordinance and its requirements, which the suit says violates free speech rights. Sound familiar? The same information was wrought when federal legislation was considered. When the Senate Democrats proposed reforms regarding disclosure of lobbying, including frequency and content of reporting, one provision in particular to require disclosure of grassroots lobbying activities; (activities to encourage the public to lobby for or against particular legislation or public policies) caused the same firestorm of opposition. The San Jose complaint also attacks changes that expand the definition of "in-house lobbyist" to include anyone who spends 10 hours a year or more on "lobbying activity."
The suit is the second in the past year to challenge San Jose laws that seek to regulate efforts by developers, big businesses and other monied special interests to influence local political decisions. Last year, the San Jose Silicon Valley Chamber of Commerce successfully challenged the city's efforts to restrict independent campaign expenditures as an infringement of free-speech rights.
Posted by Amanda Adams
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