Posted on 04/26/2007 11:24:07 AM PDT by Uncledave
There's an important breaking court decision on a political free speech case involving my friends at KVI radio in Seattle. A reader e-mails:
A unanimous Washington state supreme court ruling, issued this morning, reversed a lower court ruling that held radio commentary by Seattle's KVI-570's Kirby Wilbur and John Carlson made "in-kind" contributions when they promoted an anti-gas tax voter initiative on their shows in 2005.
Majority Opinion by Justice Barbara Madsen.
Concurring opinion by Justice James Johnson, scolding the abusive prosecutors.
The state Supreme Court said in an opinion released this morning that KVI talk show hosts did not need to report their advocacy for an anti-gas tax campaign as an in-kind political contribution. And the court has reinstated a countersuit filed by the No New Gas Tax (NNGT) campaign against local governments that initially sued.
We hold that RCW 42.17.090 did not require NNGT to disclose the value of KVI's radio broadcasts supporting the initiative campaign as an in-kind contribution. The statutory media exemption, RCW 42.17.020(15)(b)(iv), excludes from the definition of "contribution" political advocacy for or against a political campaign by the hosts of a regularly scheduled talk show, broadcast by a radio station that is not controlled by a candidate or political committee. We reverse the order dismissing NNGT's counterclaims and remand to the trial court for further proceedings consistent with this opinion.
The opinion was unanimous. The majority opinion was written by Justice Barbara Madsen and signed by Chief Gerry Alexander and justices Tom Chambers, Charles Johnson, Susan Owens, Mary Fairhurst and Bobbe Bridge. Justices Jim Johnson wrote a concurrence, which Justice Richard Sanders also signed, saying:
Today we are confronted with an example of abusive prosecution by several local governments. San Juan County and the cities of Seattle, Auburn, and Kent (hereinafter Municipalities) determined to file a legal action ostensibly for disclosure of radio time spent discussing a proposed initiative. This litigation was actually for the purpose of restricting or silencing political opponents and was quickly dismissed after the filing deadline for the initiative.
Johnson and Sanders say the case showed a "disregard for core freedoms of speech and association."
KVI host John Carlson told the Times: "It's a great day for freedom of speech in Washington and great day for freedom of speech in America. I am stunned that it was 9-nothing. I thought we would win but rarely do you see the court come down 9-nothing.
"There was a lot at stake if this decision had been upheld. Basically radio commentary would have become de facto advertising and free speech would have been commercial speech."
Previous: Free speech fight in Washington state
My friend and former KVI host Brian Maloney has tracked the case--which he rightly characterized as a stealthy attempt to reimpose the Fairness Doctrine-- closely: See here and here for background.
WA ping
Outstanding - bump!
KVI Ping
—now, on to SCOTUS gutting the McCain-Feingold mess, hopefully—
This was an important decision. Good news.
I don’t know what sort of precedent this might turn out to be... anybody know? Is it only useful in WA state?
Someone attempted to prosecute them for wanting lower gas prices?
Slap suits deserve punative damages.
See Malkin dressed as a cheerleader:
http://hotair.com/archives/2007/04/25/the-defeatocrats-cheer/
(Michelle, if you’re reading this — Bravo! You sure “cheered” me up with that!)
"abusive prosecution by several local governments"
Gov't of the (elected and bureaucratic) people.
Here in the U.S.?
Malkin ping (see #10, btw ;)
Great news. Just great. BTTT
So there is still some hope for freedom of thought. There was more good news in RI where the College Republicans at the univ. there will not lose their recognition because they engaged in an anti-PC bit of humor.
What seems to have happened is that a law suit was filed to silence and intimidate ALL talk shows by filing a law suit and creating vexatious litigation (aka slap suit).
Once a crucial deadline passed, the plainiff did a voluntary dismissal. (aka “never mind”)
The Defendant had filed a counter claim, and counter claims survive the dismissal of the overlying suit.
This is goombah/thug/mobster style of intimidation.
Once sued you have to defend yourself and that costs money, time etc. Win or lose the cities STILL have won because they have shown they will crush opposing speech.
They need to be punished HARD.
Great news. Let’s see where the countersuit heads. Seattle is going to get spanked.
I see a settlement in Fisher Broadcasting’s future.
glad to hear that also. I think it was the “white guy” scholarship?
Gotta remember the present RAT gov & RAT-controlled legislature raised the gas tax $.20 after gutting people’s initiative 601 in 2006 making WA the highest gas tax state in the northwest. The difference in gas prices between WA & ID is naturally $.20-$.30. Anyone that says nay to the $.20 gas tax passed in 2006 is offensive to the gov and the RAT-controlled legislature. This governor is the worst tax & spend gov in the state’s history. She’s running for re-election in 2008 so she’s calmed down her rhetoric for more tax & spend issues. She’s doing her bragging about all that she and her cronies have done. In fact they’re now pushing for their “savings account for rainy days” propaganda that voters will face in November. This account is just another way for gov Fraudoire to not cut expenses but keep raising taxes to replenish the account. She’s all ready raised taxes so that the budget moved from $27 billion in 2004 to $45 billion in 2007.
Great news for John & Kirby!
Thanks for linking the decision. Johnson tore them a new one in his “concurrence”.
For further review, look at all of the “friend of the court” briefs filed and by whom.
Then, check out the respective counsels. Spread it far and wide. FWIW, the ACLU worked for the good guys for a change.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.