Challenge to Florida State Law Charges Violation of Free Speech Rights

The Institute for Justice (IFJ) has filed a lawsuit challenging a Florida state law that they charge violates free speech rights by forcing groups that mention political issues or candidates to register with the state. The suit was filed on behalf of the Broward Coalition of Condominium, Homeowners and Community Organizations, the National Taxpayers Union and the University of Florida's College Libertarians. They are challenging the state's 2004 electioneering law that requires groups to register and submit financial reports if they spend or collect more than 500 dollars for "electioneering," which according to the Associated Press, the state law "includes referring to an issue or candidate in a newsletter or other communication without taking a position." IFJ is also asking the court to prevent enforcement of the law before the November election. The suit acknowledges the law makes exceptions for election-related statements in newsletters distributed only to members of groups in existence before candidates qualify or issues are put on the ballot. [Robert Gall, an attorney for IFJ] "said that might seem to exempt his clients because electioneering isn't their only activity, but he cited an advisory opinion issued in June by the Department of State. It says the Institute for Justice, based in Arlington, Va., must register as an electioneering organization or create a separate organization that would have to do so in order to distribute material in Florida about a proposed state constitutional amendment. The IFJ press release warns; "As Election Day nears, anyone planning to merely mention, let alone express an opinion about, an issue or candidate on the ballot in Florida must remember to get permission from the state government first."
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