Saturday, February 20, 2010
to do: contact alabama legislature re hinshaw's bill to amend disclaimer statute.
http://alisondb.legislature.state.al.us/acas/searchableinstruments/2010RS/Printfiles//HB129-int.pdf
State House: Room 535
11 S. Union Street
Montgomery, AL 36130
(334) 242-7733 District:
100 St. Clair Ave.
Suite A
Huntsville, Al 35801
Home Phone:
(256) 539-5441
Email: randy.hinshaw@alhouse.gov
Alabama House of Representatives | Alabama State House
11 South Union Street | Montgomery, AL 36130
General Information: (334) 242-7600
CONSTITUTION AND ELECTIONS
Jimmy Martin, Chair; Tommy Sherer, Vice Chair; Jay Love, Ranking Minority Member; George Bandy, Greg Canfield, Randy Davis, Chad Fincher, James Gordon, Ken Guin, Micky Hammon, Barry Mask, Joseph Mitchell, Mary Moore, Jack Page, Patricia Todd
Subcommittees
Campaign Finance
Joseph Mitchell, Chair; Jimmy Martin, Vice Chair; Micky Hammon, Ranking Minority Member; Barry Mask, Patricia Todd
Room 530-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7714 District:
Work: P.O. Box 1214
Clanton, Al. 35046
P.O. Box 86
Clanton, AL 35046
Home Phone
Work Phone:
Cell Phone:
FAX: (205) 755-3483
(205) 755-3550
(205) 299-1188
(205) 755-3555 Email: jamesmmartin@bellsouth.net
REPRESENTATIVE
JOSEPH MITCHELL
(D)
103rd District
(Mobile)
State House: Room 517-A
11 S. Union Street
Montgomery, AL 36130
(334) 242-7735 District: 465 Dexter Avenue
Mobile, AL 36604
Home Phone:
Work Phone: (251) 473-5020
(251) 473-5020 Email: house3@alhouse.org
Representative Joseph C. Mitchell, was first elected to the Alabama House of Representatives in 1994. He was baptized at and continues to serve as a Steward at Metropolitan African Methodist Episcopal Church, which was founded by his maternal grandparents. He is the eldest son of the late J. Christopher Mitchell and Julia Craig Mitchell. He is the spouse of Janetta Whitt-Mitchell. Mitchell graduated from Mobile’s historic Central High School, received a B.A. from Morehouse College, a M.A. from University of South Alabama, the C.A.S.E. from the University of Alabama in and the Ph.D. from Texas A&M University. Dr. Mitchell represents one of the most culturally diverse districts distinguished by its inclusion of "Maysville" and "Down the Bay" - two of the oldest African American residential communities in the area. The district runs from "Midtown" to "Theodore." He is the founder of Alabama American Research and Education Associates, Inc. He is a published researcher in industrial engineering and educational psychology and is an award-winning Jazz Music Educator and performing Jazz Musician.
< sounds like the guy to talk to.
letter sent:
To the honorable Joseph Mitchell,
Campaign finance subcommittee chair,
Alabama House of Representatives.
Hi. I am writing concerning HB 124,Representative Hinshaw's bill to
amend Alabama's disclaimer statute.
In 1960, in Manuel Talley v California, the United States Supreme
Court declared disclaimer statutes unconstitutional.
http://epic.org/free_speech/talley_v_california.html
A photo of Talley is attached.
That decision, along with NAACP v Patterson ex rel Alabama and Daisy
Bates v Little Rock are the foundation of the modern understanding of
the right to privacy under the First Amendment. They were key
victories in the civil rights struggle.
It is unconscionable that in 2010 Alabama is still not following the
Talley decision from 50 years ago.
Talley is still good law. Its holding, that disclaimer statutes are
unconstitutional, has been upheld 3 more times and never overturned.
McIntyre v Ohio (1995) found that there is no elections exception to
the rule in Talley.
Victoria Buckley v ACLF (1999) applied the Talley rule to petitioners.
All nine justices agreed. Watchtower v Stratton (2005) applied it to
Jehovah's Witnesses going door to door. Citizens United (2010) for the
first time allowed disclaimers - but only as to corporations.
I hope we can work together to amend HB 124 to repeal Alabama's
unconstitutional disclaimer statute - perhaps as except to
corporations.
The alternative would be that Alabama officals would be put in the
position of having to choose between following the constitution and
following the legislature. Currently, any time Alabama officials
enforce disclaimer regulations they are committing a federal crime of
interfering in civil rights, 18 USC 241. I think even under the
current administration that prosecutions would be unlikely, but
personal civil liability also attaches. I have brought several such
suits over the years, with mixed success. Stewart v Taylor (SD Ind
1997), Anonymous v Delaware.
HB 124 came to my attention via Ed Still's blog VoteLaw.
The best way to reach me is this email, gtbear@gmail.com.
Alternatively
Robbin Stewart
Box 29164
Cumberland IN 46229-0164
317.375.0931.
Thanks!
http://alisondb.legislature.state.al.us/acas/searchableinstruments/2010RS/Printfiles//HB129-int.pdf
State House: Room 535
11 S. Union Street
Montgomery, AL 36130
(334) 242-7733 District:
100 St. Clair Ave.
Suite A
Huntsville, Al 35801
Home Phone:
(256) 539-5441
Email: randy.hinshaw@alhouse.gov
Alabama House of Representatives | Alabama State House
11 South Union Street | Montgomery, AL 36130
General Information: (334) 242-7600
CONSTITUTION AND ELECTIONS
Jimmy Martin, Chair; Tommy Sherer, Vice Chair; Jay Love, Ranking Minority Member; George Bandy, Greg Canfield, Randy Davis, Chad Fincher, James Gordon, Ken Guin, Micky Hammon, Barry Mask, Joseph Mitchell, Mary Moore, Jack Page, Patricia Todd
Subcommittees
Campaign Finance
Joseph Mitchell, Chair; Jimmy Martin, Vice Chair; Micky Hammon, Ranking Minority Member; Barry Mask, Patricia Todd
Room 530-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7714 District:
Work: P.O. Box 1214
Clanton, Al. 35046
P.O. Box 86
Clanton, AL 35046
Home Phone
Work Phone:
Cell Phone:
FAX: (205) 755-3483
(205) 755-3550
(205) 299-1188
(205) 755-3555 Email: jamesmmartin@bellsouth.net
REPRESENTATIVE
JOSEPH MITCHELL
(D)
103rd District
(Mobile)
State House: Room 517-A
11 S. Union Street
Montgomery, AL 36130
(334) 242-7735 District: 465 Dexter Avenue
Mobile, AL 36604
Home Phone:
Work Phone: (251) 473-5020
(251) 473-5020 Email: house3@alhouse.org
Representative Joseph C. Mitchell, was first elected to the Alabama House of Representatives in 1994. He was baptized at and continues to serve as a Steward at Metropolitan African Methodist Episcopal Church, which was founded by his maternal grandparents. He is the eldest son of the late J. Christopher Mitchell and Julia Craig Mitchell. He is the spouse of Janetta Whitt-Mitchell. Mitchell graduated from Mobile’s historic Central High School, received a B.A. from Morehouse College, a M.A. from University of South Alabama, the C.A.S.E. from the University of Alabama in and the Ph.D. from Texas A&M University. Dr. Mitchell represents one of the most culturally diverse districts distinguished by its inclusion of "Maysville" and "Down the Bay" - two of the oldest African American residential communities in the area. The district runs from "Midtown" to "Theodore." He is the founder of Alabama American Research and Education Associates, Inc. He is a published researcher in industrial engineering and educational psychology and is an award-winning Jazz Music Educator and performing Jazz Musician.
< sounds like the guy to talk to.
letter sent:
To the honorable Joseph Mitchell,
Campaign finance subcommittee chair,
Alabama House of Representatives.
Hi. I am writing concerning HB 124,Representative Hinshaw's bill to
amend Alabama's disclaimer statute.
In 1960, in Manuel Talley v California, the United States Supreme
Court declared disclaimer statutes unconstitutional.
http://epic.org/free_speech/talley_v_california.html
A photo of Talley is attached.
That decision, along with NAACP v Patterson ex rel Alabama and Daisy
Bates v Little Rock are the foundation of the modern understanding of
the right to privacy under the First Amendment. They were key
victories in the civil rights struggle.
It is unconscionable that in 2010 Alabama is still not following the
Talley decision from 50 years ago.
Talley is still good law. Its holding, that disclaimer statutes are
unconstitutional, has been upheld 3 more times and never overturned.
McIntyre v Ohio (1995) found that there is no elections exception to
the rule in Talley.
Victoria Buckley v ACLF (1999) applied the Talley rule to petitioners.
All nine justices agreed. Watchtower v Stratton (2005) applied it to
Jehovah's Witnesses going door to door. Citizens United (2010) for the
first time allowed disclaimers - but only as to corporations.
I hope we can work together to amend HB 124 to repeal Alabama's
unconstitutional disclaimer statute - perhaps as except to
corporations.
The alternative would be that Alabama officals would be put in the
position of having to choose between following the constitution and
following the legislature. Currently, any time Alabama officials
enforce disclaimer regulations they are committing a federal crime of
interfering in civil rights, 18 USC 241. I think even under the
current administration that prosecutions would be unlikely, but
personal civil liability also attaches. I have brought several such
suits over the years, with mixed success. Stewart v Taylor (SD Ind
1997), Anonymous v Delaware.
HB 124 came to my attention via Ed Still's blog VoteLaw.
The best way to reach me is this email, gtbear@gmail.com.
Alternatively
Robbin Stewart
Box 29164
Cumberland IN 46229-0164
317.375.0931.
Thanks!
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