Thursday, April 28, 2005
Legislative misconduct in Lousiana:
An anonymous flyer was sent out in Louisiana, opposing a tax increase.
The flyer is protected speech under the US and Louisiana constitutions.
State of Louisiana v Napoleon Moses, State v Burdick, State v Jackson.
The cites to these case are in storage - maybe I'll go look it up tonight.
I used to know these cases pretty well. Last time I was in Lousiana I went to the state supreme court and looked at the files, but it's been awhile.
Senate Health and Welfare Committee Chairman Joe McPherson, D-Woodworth, said he wants State Police to investigate the mail piece, which went out with individual stamps instead of a bulk mailing permit. Each had a Baton Rouge postmark.
Cain said those behind the flier have violated state law because election law requires campaign pieces to state the name and address of those behind the mail-outs.
He also said it is against the law to intimidate a public official with the intent to try to influence his conduct.
McPherson here is engaging in misconduct, conspiring to use state action in retaliation for protected speech. That's a civil rights violation, a felony under federal law, and a breach of his oath of office.
# State v. Moses,
655 So.2d 779 (La. App. 4 Cir. 1995) (first post-McIntyre decision): Napoleon Moses was indicted for violating a Louisiana statute that prohibited the distribution of campaign literature which did not contain the name (and in some cases the address) of the person distributing it. The Court held that McIntyre was sufficient authority for striking down the statute, given that, under the Louisiana Constitution and caselaw, "the state interest required to justify even a limited prohibition on election-related anonymous literature in Louisiana should be much more compelling than that which theoretically the U.S. Supreme Court [in McIntyre] might have found sufficient in Ohio or elsewhere." Id. at 782. (The Court seemed to conclude that the statute was unconstitutional under both the federal and state constitutions: "We conclude that the right to distribute anonymous campaign literature is clearly protected by the First Amendment to the United States Constitution as interpreted by the United States Supreme Court and by . . . the Louisiana Constitution. Accordingly, we declare [the statute] to be unconstitutional." Id. at 785.]
http://www.fec.gov/members/mason/masonarticle2.htm
Click here to return to 2theadvocate.com
'Intimidation' flier angers state's lawmakers
By MARSHA SHULER
Capitol news bureau
Legislators are hopping mad about a flier that threatens a mail campaign against lawmakers in the 2007 election if they vote for a $75 million hospital tax Gov. Kathleen Blanco is proposing.
The unsigned fliers started showing up on legislators desks at the State Capitol and in their district offices Wednesday. They criticized the lawmakers for a tax vote they haven't taken.
They launched a flurry of rage from lawmakers and calls for a State Police investigation into who is behind the sheets.
One lawmaker alleged that whoever sent the leaflet committed a crime.
State Attorney General Charles Foti issued a statement calling the mailer "a despicable act that is in poor taste."
"It borders on intimidation. We are continuing to look into this matter to see if the Election Code has been violated," Foti said.
Sen. Ben Nevers, D-Bogalusa, railed against the "scumbags" behind the flier, which was personalized with the picture and name of each lawmaker receiving it.
Nevers suggested starting a reward fund to flush out who is behind the mail-out. He said if it's a lobbying group it should be banned from the Capitol.
Nevers said legislators haven't even voted on taxes yet.
"It's blatant intimidation," state Rep. Monica Walker, D-Hessmer, said. "This is supposed to get our backs against the wall."
Sen. James David Cain, R-Dry Creek, urged those behind the piece "to come out of their hole" and identify themselves.
"They were not brave enough to say who they were," said House Health and Welfare Committee Chairman Sydnie Mae Durand, D-St. Martinville.
Durand said since no one knows who is behind the flier, individual hospitals, nursing homes, doctors and other health professionals need to call legislators to disavow involvement or she will assume they are part of it.
The top official of the Louisiana Hospital Association, which is in stalled negotiations with Blanco on the hospital tax proposal, immediately denied involvement.
"How stupid would it be to discredit legislators like that? We don't do anything personal, no matter how much we disagree with you," LHA President John Matessino said.
His name appeared on the circular in a reproduction of an article that appeared in The Advocate earlier this month.
Matessino said the association has publicly stated its position on the tax.
"We have not tried to hide behind anything," he said.
He doesn't blame lawmakers for being mad.
"It was very threatening the way it was presented," Matessino said.
Also denying responsibility was the state Republican Party, which has been urging legislators to vote against taxes.
"It didn't come from us," said Ellen Wray, party executive director. "It sounds pretty tasteless."
The flier says, "Beware Possible 2007 election mailer" on one side.
On the other side, the piece uses the legislator's name and says he or she "wants to tax us to the tune of $75 million just for being sick?"
The flier called the governor's proposal a "sick tax" and shows the "Smith family," who it said got priced out of being able to afford health insurance.
The text of the circular is written as if each legislator had already voted for the proposed tax and is seeking re-election in 2007.
It says the tax -- not yet voted on, much less passed -- makes things worse for the Smiths.
It continues, "How many more Louisiana families have to lose their health-care insurance before the politicians learn? … Take it from the Smith family."
Then it says to vote "no" to the lawmaker's election bid.
Senate Health and Welfare Committee Chairman Joe McPherson, D-Woodworth, said he wants State Police to investigate the mail piece, which went out with individual stamps instead of a bulk mailing permit. Each had a Baton Rouge postmark.
Cain said those behind the flier have violated state law because election law requires campaign pieces to state the name and address of those behind the mail-outs.
He also said it is against the law to intimidate a public official with the intent to try to influence his conduct.
Click here to return to story:
http://www.2theadvocate.com/stories/042805/pol_fliers001.shtml
An anonymous flyer was sent out in Louisiana, opposing a tax increase.
The flyer is protected speech under the US and Louisiana constitutions.
State of Louisiana v Napoleon Moses, State v Burdick, State v Jackson.
The cites to these case are in storage - maybe I'll go look it up tonight.
I used to know these cases pretty well. Last time I was in Lousiana I went to the state supreme court and looked at the files, but it's been awhile.
Senate Health and Welfare Committee Chairman Joe McPherson, D-Woodworth, said he wants State Police to investigate the mail piece, which went out with individual stamps instead of a bulk mailing permit. Each had a Baton Rouge postmark.
Cain said those behind the flier have violated state law because election law requires campaign pieces to state the name and address of those behind the mail-outs.
He also said it is against the law to intimidate a public official with the intent to try to influence his conduct.
McPherson here is engaging in misconduct, conspiring to use state action in retaliation for protected speech. That's a civil rights violation, a felony under federal law, and a breach of his oath of office.
# State v. Moses,
655 So.2d 779 (La. App. 4 Cir. 1995) (first post-McIntyre decision): Napoleon Moses was indicted for violating a Louisiana statute that prohibited the distribution of campaign literature which did not contain the name (and in some cases the address) of the person distributing it. The Court held that McIntyre was sufficient authority for striking down the statute, given that, under the Louisiana Constitution and caselaw, "the state interest required to justify even a limited prohibition on election-related anonymous literature in Louisiana should be much more compelling than that which theoretically the U.S. Supreme Court [in McIntyre] might have found sufficient in Ohio or elsewhere." Id. at 782. (The Court seemed to conclude that the statute was unconstitutional under both the federal and state constitutions: "We conclude that the right to distribute anonymous campaign literature is clearly protected by the First Amendment to the United States Constitution as interpreted by the United States Supreme Court and by . . . the Louisiana Constitution. Accordingly, we declare [the statute] to be unconstitutional." Id. at 785.]
http://www.fec.gov/members/mason/masonarticle2.htm
Click here to return to 2theadvocate.com
'Intimidation' flier angers state's lawmakers
By MARSHA SHULER
Capitol news bureau
Legislators are hopping mad about a flier that threatens a mail campaign against lawmakers in the 2007 election if they vote for a $75 million hospital tax Gov. Kathleen Blanco is proposing.
The unsigned fliers started showing up on legislators desks at the State Capitol and in their district offices Wednesday. They criticized the lawmakers for a tax vote they haven't taken.
They launched a flurry of rage from lawmakers and calls for a State Police investigation into who is behind the sheets.
One lawmaker alleged that whoever sent the leaflet committed a crime.
State Attorney General Charles Foti issued a statement calling the mailer "a despicable act that is in poor taste."
"It borders on intimidation. We are continuing to look into this matter to see if the Election Code has been violated," Foti said.
Sen. Ben Nevers, D-Bogalusa, railed against the "scumbags" behind the flier, which was personalized with the picture and name of each lawmaker receiving it.
Nevers suggested starting a reward fund to flush out who is behind the mail-out. He said if it's a lobbying group it should be banned from the Capitol.
Nevers said legislators haven't even voted on taxes yet.
"It's blatant intimidation," state Rep. Monica Walker, D-Hessmer, said. "This is supposed to get our backs against the wall."
Sen. James David Cain, R-Dry Creek, urged those behind the piece "to come out of their hole" and identify themselves.
"They were not brave enough to say who they were," said House Health and Welfare Committee Chairman Sydnie Mae Durand, D-St. Martinville.
Durand said since no one knows who is behind the flier, individual hospitals, nursing homes, doctors and other health professionals need to call legislators to disavow involvement or she will assume they are part of it.
The top official of the Louisiana Hospital Association, which is in stalled negotiations with Blanco on the hospital tax proposal, immediately denied involvement.
"How stupid would it be to discredit legislators like that? We don't do anything personal, no matter how much we disagree with you," LHA President John Matessino said.
His name appeared on the circular in a reproduction of an article that appeared in The Advocate earlier this month.
Matessino said the association has publicly stated its position on the tax.
"We have not tried to hide behind anything," he said.
He doesn't blame lawmakers for being mad.
"It was very threatening the way it was presented," Matessino said.
Also denying responsibility was the state Republican Party, which has been urging legislators to vote against taxes.
"It didn't come from us," said Ellen Wray, party executive director. "It sounds pretty tasteless."
The flier says, "Beware Possible 2007 election mailer" on one side.
On the other side, the piece uses the legislator's name and says he or she "wants to tax us to the tune of $75 million just for being sick?"
The flier called the governor's proposal a "sick tax" and shows the "Smith family," who it said got priced out of being able to afford health insurance.
The text of the circular is written as if each legislator had already voted for the proposed tax and is seeking re-election in 2007.
It says the tax -- not yet voted on, much less passed -- makes things worse for the Smiths.
It continues, "How many more Louisiana families have to lose their health-care insurance before the politicians learn? … Take it from the Smith family."
Then it says to vote "no" to the lawmaker's election bid.
Senate Health and Welfare Committee Chairman Joe McPherson, D-Woodworth, said he wants State Police to investigate the mail piece, which went out with individual stamps instead of a bulk mailing permit. Each had a Baton Rouge postmark.
Cain said those behind the flier have violated state law because election law requires campaign pieces to state the name and address of those behind the mail-outs.
He also said it is against the law to intimidate a public official with the intent to try to influence his conduct.
Click here to return to story:
http://www.2theadvocate.com/stories/042805/pol_fliers001.shtml
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