Yet another group of officious intermeddlers has decided that it has the responsibility to decide what information Wisconsin’s citizens may be permitted to hear during elections.
This time it is the Government Accountability Board.
I wish I could agree with the critics that this board has overstepped its authority. Unfortunately, I think the Legislature has given them the power, as outrageous as that may be.
Section 5.05(1)(f) provides … “The government accountability board shall have the responsibility for the administration of chs. 5 to 12 , other laws relating to elections and election campaigns, subch. III of ch. 13, and subch. III of ch. 19. Pursuant to such responsibility, the board may: …
(f) Promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.”
If only the United States had a constitution that contained a provision something along the lines of: “Congress [and the states] shall pass no law … abridging the freedom of speech…”
2 Comments on This Article
1
i realize that it is constitutional (as interpreted by the courts).
When I suggest it is unconstitutional, I do it not within the context of current precedent, but as someone who considers Austin v. Michigan Chamber of Commerce an abomination and an abdication of the Supreme Court's duty to protect First Amendment rights.
Comment Byziemer Saturday, April 5, 2008 at 12:07 PM
2
You are completely wrong. Time, place and manner have always been allowed to be regulated. I.e., not yelling fire in a crowded theater.
Corporate contributions are illegal in Wisconsin in political campaigns. WMC and others have chosen to get around this law (perhaps it is a loophole) by saying they are engaging in "express advocacy." As such they don't have to abide by Wisconsin law in not allowing corporate dollars to pay for the ads and also not disclosing who is paying for the ad. So millions of dollars are being spend on ads and no one knows who is paying for it.
When this issue was raised before the Wisconsin Supreme Court in Elections Bd v. WMC, the Court encouraged the legislature and the Board to "define further a constitutional standard of express advocacy to be prospectively applied." The Legislature and previous Election Board discussed this in the past and could never reach a resolution on this matter. It is perfectly legitimate for the Legislature and new Government Accountability Board to revisit the matter now.
Comment ByRuth Simpson Wednesday, April 2, 2008 at 2:34 PM
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