This
victory for the little guy sparks hope for a bigger win in the campaign
finance reform arena...
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Big
Win for the Little Guys: Federal Court Rules Irvines Campaign
Finance Restrictions Unconstitutional
Time and again
we read about the little guy who took on city hall and lost. Not
this time.
A federal district
court judge in California ruled this week against the City of Irvine
and in favor of the Lincoln Club of Orange County. The Lincoln Clubs
lawsuit, filed almost three years ago, challenged the citys
campaign finance ordinance as unconstitutional because it limited
contributions to political committees that make independent expenditures
in Irvine municipal elections.
The Lincoln
Club successfully argued that the limit effectively barred private
groups whose dues were greater than the $340 contribution limit
from participating in Irvine elections. "Quite simply, the
ordinance meant that your neighbor and you could not join forces
to buy a fair-sized newspaper ad to express your frustration with
a candidate, no matter how legitimate your grievance," stated
Michael Capaldi, the Lincoln Clubs president.
This spring,
the Ninth Circuit Court of Appeals overturned the lower courts
original decision upholding the ordinance and ruled that because
the ordinance restricted core political speech it was subject to
strict scrutiny. Following that ruling, the City of Irvine and Lincoln
Club entered settlement talks, with the city acknowledging this
week that it lacked evidence to sustain the ordinance under the
heightened level of scrutiny. In the end, the parties agreed to
a settlement and the federal district court judge ordered that the
city is permanently enjoined from enforcing its unconstitutional
ordinance.
This victory
for the little guy sparks hope for a bigger win in the campaign
finance reform arena and should give pause to local, state and federal
government officials whose legislative efforts attempt to silence
private individuals during the political process. John Eastman,
Chapman Law School Professor and Lincoln Clubs attorney, commented,
"[t]he freedom to engage in political speech and thereby affect
the direction of government lies at the core of our representative
democracy. We only hope that, as the result of this ruling, governments
at every level will recognize that restrictions on political speech,
particularly during election season, are a dangerous and unconstitutional
intrusion on the First Amendment freedoms this nation has long cherished."
The Center for
Individual Freedom, joined by the James Madison Center for Free
Speech, filed an amicus brief in support of the Lincoln Club of
Orange Countys request for rehearing in its case against
the City of Irvine, California. To read the Centers brief,
the Ninth Circuits decision, and John Eastmans guest
commentary on the case, click
here.
[Posted
August 1, 2002]
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