Академический Документы
Профессиональный Документы
Культура Документы
Volume 19 Issue 6
IJ Wins
Major Free Speech IJ’s New City Studies:
Want to Create Jobs?
Victory
3
Remove Red Tape.
Freedom for Farmers
The Institute for Justice’s city studies feature real-world entrepreneurs from eight different cities across the nation. Chicago entre-
preneur Dee Busch, left, says requiring her to obtain a landscape architecture license would only raise the cost to consumers; it
Arizona Tax Credit
would not raise the quality. When Nick Harris started Nick’s Towing Service, he could work anywhere in the city of Houston.
Goes to U.S. Supreme Court But the city gave just 11 towing companies the exclusive right to freeway tows, and now Nick is shut out of the freeway market.
2
December 2010
By Steve Simpson
In November, a federal appellate
court ruled that six neighbors in the
tiny subdivision of Parker North, Colo.,
should not have been forced to regis-
ter with the government and comply
with burdensome campaign finance
laws simply for opposing a ballot issue
involving the annexation of their neigh-
borhood.
In Sampson v. Buescher, a
“No one should be afraid to speak about issues or
panel of the 10th U.S. Circuit Court of politics for fear of being sued, and no one should
Appeals unanimously recognized the have to hire a lawyer to put up yard signs.”
severe burden Colorado’s campaign —IJ client Karen Sampson
finance laws imposed on grassroots
political activists. The court ruled, of Parker. The group talked to neigh- sued by their political opponents. The
“The average citizen cannot be bors, circulated postcards and planted Court recognized that states have
expected to master on his or her yard signs. But in Colorado and other little or no interest in requiring groups
own the many campaign financial- states, when two or more people that simply wish to speak out for and
disclosure requirements set forth in spend more than $200 to speak against ballot issues to register and
Colorado’s constitution, the Campaign out about a ballot issue, they must comply with complicated disclosure
Act, and the Secretary of State’s Rules register with the state as an “issue rules.
Concerning Campaign and Political committee” and comply with rules Freedom of speech means that
Finance.” and regulations that rival the tax laws citizens, not government, get to decide
IJ client Karen Sampson said, in their complexity. Issue committees whether to disclose their identities
“This ruling is a complete vindication of must appoint a registered agent, open when they speak out about ballot
what we’ve said all along. Campaign separate bank accounts, and disclose issues. For those who don’t trust
regulations and red tape serve no all contributions and expenditures of anonymous speech, the solution is to
purpose in local ballot issue elections more than $20 for things like yard not listen to it.
other than to make political participa- signs and fliers. Because Sampson The court’s decision is supported
tion more difficult for ordinary citizens.” and the others failed to register with by IJ’s strategic research. Campaign
For a brief and funny video the government before speaking, the Finance Red Tape, Dr. Jeffrey Milyo of
discussing this lawsuit, visit IJ’s site: principal proponents of the annexation the University of Missouri asked 255
www.ij.org/2504. used Colorado’s campaign finance people to fill out the registration and
Sampson and her neighbors first laws to sue them. disclosure forms for a small political
learned about Colorado’s campaign This ruling means that grassroots group. Not one participant man-
finance laws when they organized political activists in Colorado and the aged to do so correctly. The average
to oppose the annexation of their other states in the 10th Circuit can correct score was just 41 percent.
neighborhood into the adjacent town speak freely without fear of being Parker North continued on page 10
3
&LAW
4
December 2010
Philadelphia entrepreneur, Aaron Ultimo, left, has waited more than one year for a
government-issued license to serve beer. “Every week that goes by is less revenue in the
government’s pocket,” he points out. Nasir Kahn opened his dream business, a hot dog
restaurant, in Milwaukee, investing his and his wife’s savings, only to have a city alderman
arbitrarily shut it down on his first day.
permitting processes; pointless educational dictate every aspect of a person’s small busi-
requirements for occupations; or even just out- ness. Government officials want to choose who
right bans. can go into which business, where, what the
In every city we studied, overwhelming business should look like and what signs will
regulations destroyed or crippled would-be busi- be put in the windows. And if that means that
nesses at a time when they are most needed. businesses fail, or never open, or can operate
For example, to operate a used bookstore in only illegally, or waste all their money trying to
Los Angeles, the government demands that the get permits so they have nothing left for actual
owner get a permit from the police; record the operations, that’s just too bad. This attitude
personal information of everyone who brings would be bad enough in prosperous times, but
LOS ANGELES: Jill Bigelow’s most frustrating
in books for exchange or resale, including their in a period of financial strain and high unem- experience while trying to open her restaurant was
names, addresses and book titles; and make ployment, it’s also incredibly foolish. when an inspector would not allow her to open
this information available to the police. In some The studies were released in October and because her previously approved wall tile did not
cases, the bookstore owner even has to thumb- have already received significant media cover- have enough “reflective value.”
print patrons who bring in books and file daily age, including an editorial from The Wall Street
reports with the police. In Washington, D.C., Journal, an op-ed I co-authored with Chip Mellor
to give sightseeing tours for compensation, for USA Today online, and op-eds and news
the city requires you to first get a government- pieces in the cities studied.
issued license. Similar requirements exist in In the coming months, we will use these
Philadelphia and elsewhere. So, as tour guides studies as a source for new litigation, to
pass the National Archives, which houses origi- advance the cause of entrepreneurs nationwide
nals of the Constitution and the Bill of Rights, and to remove some of the barriers that crush
they don’t have the freedom to describe those entrepreneurs struggling to start
charters of freedom without first getting the gov- or grow their businesses.u
ernment’s permission. MIAMI: Little Havana’s historic character comes
Time and again, these reports document Dana Berliner is an IJ with a price for local businesses, which must get
senior attorney. government permission for minor alterations to their
how local bureaucrats believe they should
buildings. Marta Ismail waited seven months for
permission for an awning outside her gallery.
5
&LAW
First amendment • Free Speech • First amendment • Free Speech • First amendment • Free Speech • First amendment • Free Speech • First amendment
6
amendment • Free Speech • First amendment • Free Speech • First amendment • Free Speech • First amendment • Free Speech • First amendment • Free SPEECH
December 2010
Keep Out!
Campaign Finance Laws Camp Politics Video
as Barriers to Entry
Teaches with Humor
By Lisa Knepper
Public policy and legal issues may start out as boring
Entrepreneurs bring vitality to the and complicated topics, but no one ever said they must
marketplace, driving innovation and stay that way.
change. But all too often, established So, to better help the public understand the dangers
interests respond to such competition of government-imposed campaign finance restrictions, the
not by competing in turn, but by collud- Institute for Justice breathed some life and humor into this
ing with government to pass laws like often dry and complicated subject. Through a video called
occupational licensing rules that keep “Camp Politics,” which was written by IJ Senior Attorney
upstarts out of the market. Bert Gall, the Institute for Justice showed how politicians
In the political arena, campaign
finance laws have the same effect,
KEEP use campaign finance laws to silence their political oppo-
nents. As part of the Institute’s broader Citizen Speech
as University of Missouri economist OUT initiative, IJ is working to illustrate how these laws harm
and campaign finance expert Jeffrey How State Campaign Finance Laws Erect ordinary people who want nothing more than to speak to
Barriers to Entry for Political Entrepreneurs
Milyo shows in a new IJ strategic By Jeffrey Milyo, Ph.D.
September 2010
their friends and neighbors about politics.
research report, Keep Out: How Our tongue-in-cheek video (available at www.ij.org/
State Campaign Finance Laws Download the report: www.ij.org/KeepOut. CampPolitics) focuses on the dirty little secret behind
Erect Barriers to Entry for Political Florida ties them up in red tape if they campaign finance laws: Incumbent politicians like them
Entrepreneurs. (For a copy of the speak out on their own. because they make it harder for those outside the politi-
report, visit: www.ij.org/KeepOut.) Or consider SpeechNow.org. The cal establishment to speak out against their reelection.
“Whether it is the civil rights group wanted to defeat candidates Camp Politics offers a mock advertisement for a children’s
movement of the 1960s or today’s tea who favor campaign finance laws, but summer camp that trains aspiring politicos. At Camp
party movement, outsiders in American federal contribution limits made large Politics, kids learn how to kiss babies, survive scandals,
politics have always played a crucial donations to its efforts illegal. Milyo dine on pork, and—most importantly—circumvent the First
role in challenging the status quo by shows that such new groups in particu- Amendment in order to remain in office.
pushing new ideas to the fore and lar need large contributions—political Although we want the video’s viewers to laugh, our
inspiring newcomers to run for public venture capital—to get off the ground primary goal is to show them that there is nothing funny
office,” writes Milyo. and attract support. With help from about the damage these laws do to Americans’ First
Such political entrepreneurs bring the Institute for Justice and the Center Amendment rights.
vibrancy to American democracy and for Competitive Politics, SpeechNow.org So far, 20,000 viewers have enjoyed their trip through
keep the political establishment on its defeated the federal limits, but similar Camp Politics. If you have not visited yet, be sure to enjoy
toes. Yet campaign finance laws in all laws remain in nearly two dozen states. this video today and share it with your friends. And while
50 states erect barriers to entry that To political pros, these laws are you are at it, check out the Institute’s videos on other
effectively tell newcomers to keep out. barely nuisances. But to would-be cases, too.u
Milyo shows how contribution limits political entrepreneurs, they are barri-
and campaign finance red tape make it ers to the political arena. That is how
harder for political entrepreneurs to form campaign finance laws lead to fewer
new groups and reduce the resources new voices and cement the status quo.
available for political advocacy. Indeed, that is entirely the point.u
Consider IJ’s clients in our Citizen
Speech case in Florida (see previous Lisa Knepper is IJ’s
page). They wanted to make their voic- director of strategic
research.
es heard with their own message—not
donate to support some other more- www.ij.org/CampPolitics
established group’s message. But
7
&LAW
Thanks to a legislative amendment spurred by IJ litigation, the Bergmann family of Lake Elmo, Minn., may now
sell pumpkins from Wisconsin and Nebraska, and Christmas trees from North Carolina on their Minnesota farm.
An IJ Victory
Down on the Farm
By Anthony Sanders tion. Three months after filing our suit, a a patchwork of zoning regulations forbids
Farmers and consumers in Lake Elmo, federal magistrate judge issued an opinion farmers from freely selling their own prod-
Minn., and across the nation recently won recommending that our motion for a prelim- ucts to each other and their customers.
a victory for interstate trade and farming inary injunction be granted. He stated that Some jurisdictions allow farmers to sell only
freedom. Thanks to pressure brought to the city’s ordinance likely “unconstitutionally products they grow while others require that
bear by an IJ lawsuit filed in May of this discriminates against interstate commerce” no more than a certain percentage of their
year—as detailed in the August 2010 edi- because it “squelches competition . . . sales be grown elsewhere. As IJ demon-
tion of Liberty & Law—the Lake Elmo City altogether, leaving no room for investment strated in this case, many of these restric-
Council repealed its ban on farmers selling from outside.” Recognizing that the law tions have an adverse impact on interstate
produce grown outside the city. Now, farm- could have a devastating effect on inter- commerce and unconstitutionally favor local
ers may make those sales once they apply state trade, he stated that the result from interests over America’s nationwide market-
for a simple permit. enforcement of the law “will be the oblitera- place. The Institute for Justice will be on
The change is an important victory tion of the Lake Elmo markets in pumpkins the lookout for similar challenges that help
not only for our clients, the Bergmann and Christmas trees. . . . In fact, Plaintiffs us preserve our nation’s long history of free
family, who may now keep selling produce have shown that the markets will be wiped and open trade among the states.
grown outside the city as they have done out.” Because of this victory, the Bergmanns
for almost 40 years, but it also protects With a likely defeat staring them in and our other clients will not only help their
the right of our out-of-state clients from the face, city officials made sure that they customers celebrate the holidays, but they
Wisconsin, Nebraska and North Carolina, passed a new ordinance allowing sales of themselves can celebrate the important
who merely wanted to sell their pumpkins interstate produce, such as the pumpkins role they played in vindicating the kind of
and Christmas trees to the Bergmanns. IJ and Christmas trees our clients sell, without free and open marketplace that America’s
helped the city of Lake Elmo better appre- discriminating in favor of produce grown in- Founders envisioned.u
ciate that the right to interstate trade is state rather than out-of-state.
protected by the Constitution’s Commerce IJ’s victory in this case will help Anthony Sanders is an
IJ Minnesota Chapter
Clause. farmers in future legal fights tear down
staff attorney.
The case demonstrates how pressure government-imposed restrictions on what 8
from principled litigation can shape legisla- they may sell on their land. Nationwide,
8
December 2010
IJ attorneys Dick Komer, left, and Tim Keller, right, look on as IJ client Glenn Dennard
speaks after the U.S. Supreme Court argument in Garriott v. Winn to defend Arizona’s school
choice tax credit program.
D.C. Parents for School Choice spokesperson Virginia Walden-Ford and other
parents were in attendance to support the Arizona families. They held up a ban-
ner featuring the faces of 800 children who benefit from the choice program.
9
&LAW
10
10
December 2010
11
“Read the Institute Institute for Justice Non-Profit ORG.
901 N. Glebe Road U.S. POSTAGE
P A I D
for Justice study and Suite 900
Arlington, VA 22203 I nstitute F o r
J U S T I C E
you’ll better under-
stand why the busi-
ness of America is
no longer business.
It’s bureaucracy.”
—The Wall Street Journal
And I won.
I am IJ.