I’ve been looking into this on my program. Of course M 47 is unconstitutional on its face because it limits expenditures by the candidate, which is, of course, a limitation on free speech. Look ALL of these kinds of laws are limitations on free speech and outrageous. But there’s something MORE that this does. Now I realize you may not like my political point of view but recognize that having a marketplace of ideas out there is a good thing.
Measures 46 and 47 could result in the muzzling of your favorite talk show hosts and BLOGGERS. Why? Because speaking in favor of a measure, candidate, etc, could be construed as an in-kind donation. A lawsuit could be brought against any campaign for non reporting of these donations and the talk hosts and bloggers could be silenced. Essentially it’s a SLAPP lawsuit.
How do I know that? Because this very thing happened in Washington State.
I’ve had the attorney for the Institute for Justice in Seattle look at these measures. This organization is the one which represents the two KVI radio talk show hosts who were muzzled by four local governments for ‘giving’ in-kind donations to the repeal the I 912 campaign.
As much as I respect sponsor Dan Meek he’s wrong that his exemption of the media in his measure will really result in the exemption of talk shows hosts, bloggers, and any pamphleteer.
The attorney says Oregon’s proposed measures aren’t like Washington’s, they’re WORSE than Washington’s.