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"Emergency Regulations": NY's Latest Attempt to Suppress Free Speech
Townhall.com ^ | September 1, 2014 | Cortney O'Brien

Posted on 09/01/2014 12:18:48 PM PDT by jazusamo


Remember when President Obama touted the Affordable Care Act by claiming if you "liked your plan you could keep it"? He earnedPolitifact's 2013 "Lie of the Year" for that whopper. Amazingly, several other Democrats made the same false promise. Knowing what we know now, wouldn't you want to expose any politician who stood behind that misleading statement? Well, if someone uttered those words in the state of New York, you may now be forced to let it slide. A new law in the Empire State, which some are calling the ' shut up rule,' could allow such lofty claims to go unchallenged. The New York Board of Elections, in an attempt to regulate political spending by special interest groups during campaigns, has enacted "emergency regulations" that would make it much more difficult to challenge political speech:

The new regulations require individuals and groups spending on races -- independently of candidates and political parties -- to register with the state as a political committee and file financial reports that list so-called “independent expenditures.”

If citizens fail to register as a political committees when trying to voice their political opinions, the Board can fine them at least $1,000. A $1,000 fine. For exercising your First Amendment right.

New York may be trying to reign in campaign spending, but it doesn't justify suppressing New Yorkers' free speech. Critics say that the regulations would even affect someone simply trying to hand out fliers in his or her neighborhood.

When politicians stretch the truth - either by falsely accusing their opponents of wrongdoing or exaggerating their own accomplishments - they should be held accountable by their constituents. Yet, in New York, it seems like it's about to get a whole lot easier for politicians' to get away with outright falsehoods. Thanks to this new law, I guess we'd have to accept as fact whenever a politician claims they "took the initiative" in creating the internet.



TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections; US: New York
KEYWORDS: firstamendment; newyork; politics; speech

1 posted on 09/01/2014 12:18:48 PM PDT by jazusamo
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To: jazusamo

BFL


2 posted on 09/01/2014 12:22:49 PM PDT by onona
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To: jazusamo

Does the money even matter when the liberal media won’t air the challenge?


3 posted on 09/01/2014 12:23:21 PM PDT by G Larry (Which of Obama's policies do you think I'd support if he were white?)
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To: G Larry

In my view the money and hassle of filing is an excuse to shut up the average voter who speaks out.

I don’t see how this could be anywhere near constitutional.


4 posted on 09/01/2014 12:28:48 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

Welcome to the New Socialist Caliphate of the Western Hemisphere.


5 posted on 09/01/2014 12:30:39 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: G Larry

Constitutional?.. people the Constitution in this country is dead..


6 posted on 09/01/2014 12:32:39 PM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: jazusamo
I'm going to blame Bush for this one. He declined to veto a threat to free speech, protecting incumbents from challengers using on-the-record votes of said opponents within 30 days of an election (iirc), preferring to let the USSC deal with it.

Naturally, the idiots on the court upheld the constitutionality of the new law, which Limbaugh then referred to as the "Incumbent Protection Act".

The incumbents have little to fear from court challenges...

Thank you, Dubya.

7 posted on 09/01/2014 12:35:29 PM PDT by Calvin Locke
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To: jazusamo

If it were here I would stand in front of the State House to force the issue by speaking the truth and let’s go to court.


8 posted on 09/01/2014 12:39:19 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: jazusamo
You need to look deeper to see just how this hurts everyone. Consider how one would challenge the regulation in court. First, you would have to run afoul of the regulation and be fined $1000. Then you would have to file a court suit, with all the fees involved with filing and getting the services of an attorney. Then you have to go through the lengthy process of making your case to the judge and jury. And, even then, there is no guarantee that you will prevail.

The people who have come forward to seek redress for the IRS targeting against conservative NPO wannabees are learning, painfully, how the process of seeking justice can be a life-changing event. Review the testimony before Congress on just how painful the process can be. Pay particular attention to acts of retaliation...

Of course, that presupposes you get "caught", and the Board (who makes up this Board?) decides you are guilty of speaking out of turn. The first appeal filed by a person nailed by the regulations should require full discovery of the process used for element identification, that small task of applying the letter of the regulations to infractions, both those that "pass muster" and those that draw a fine. No clear identification? Then the law/regulation is flawed. Ah, yes, how do you show a law/regulation is being applied without bias? What if this board has a Lois Lerner wannabe?

Oh, yes, I don't live in the State of New York, and have no "nexus" there, so I'm not facing the $1000 find with this post. New Yorkers may want to ponder that fact.

9 posted on 09/01/2014 12:42:33 PM PDT by asinclair (Political hot air is a renewable energy resource)
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To: asinclair

I don’t think where you live is the issue, it’s where your ‘speech’ is published, or read.


10 posted on 09/01/2014 12:46:25 PM PDT by Balding_Eagle (If America falls, darkness will cover the earth for a thousand years.)
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To: jazusamo
4th amendment, second amendment, first amendment all mean nothing to the government. It's this constant
The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. (EPA IRS BATF etc.)

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. (Militarized police)

There are a lot more analogies to present the present day USA, but the majority of government worshiping sheep don't care anyway.
11 posted on 09/01/2014 12:50:12 PM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga

oddly enough a chunk of my text disappeard - doubtless something I did, but what I said was it was this constant (quote from the declaration of independence) that caused that document to bw written in the first place.


12 posted on 09/01/2014 12:53:04 PM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: jazusamo

Using the IRS to do the same thing is just so yesterday.


13 posted on 09/01/2014 1:24:21 PM PDT by DPMD
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To: asinclair
You said it all. Totally outside of my means.

Counting the days until I can move.

And you know, WTH. NYS is so damn blue it's crazy. What is the point of this ? Well, other than to increase the pressure on the foot to the neck.

It has it's beauty all right, but the air is stifling.

14 posted on 09/01/2014 2:15:50 PM PDT by onona
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To: jazusamo

I miss the rule of law.


15 posted on 09/01/2014 7:35:42 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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