Saturday, September 28, 2013
The Vermont Supreme Court has issued a ruling in Green Mountain Future.
http://www.atg.state.vt.us/assets/files/GMF%20Decision%20Affirmed.pdf
The case involved harassment of a group, funded by Democrats, for criticing nuclear power in Vermont in TV ads which were implied but not express advocacy against the Republican candidate for governor.
The main issue argued by the parties and the courts was express advocacy.
The court declined to limit disclosure regulations to cases of expres advocacy.
The court upheld a $10,000 fine, but remanded for considerationof an additional fine
for failure to have disclaimers. The court did not address constitutional issues regarding
disclaimers, which seem not to have been argued.
I had been intending to file an amicus in this case, but never got around to it.
I could do so now to the lower court on remand, if I get around to it.
The statute is clearly afoul of Talley and McIntyre, and GMF has standing to litigate that,
even if it is a corporation.
The court cites Worelyv Florida. If either the Worely or (the one about the Ohio blogger)
get accepted by the USSCt, that might affect this case at a later stage.
This case would be well suited for a cert petition. Bob Bauer is especially good at these sort of cases.
Some of what went wrong here was that defendants tried to argue express advocacy as a constitutional matter, instead of a statutory interpretation one, and didn't cite to the Vermont constitution.
Joshua Diamond, the Montpelier attorney who handled the case and appeal for Green Mountain Future, said, “The opinion is being reviewed
http://vtdigger.org/2013/09/27/supreme-court-upholds-campaign-finance-ruling-green-mountain-future/
http://www.therepublic.com/view/story/417fa205e18149b89e4b414bd4feb62e/VT--Campaign-Finance (AP)
http://www.burlingtonfreepress.com/article/20130927/NEWS07/309270032/Supreme-Court-upholds-ruling-against-Democratic-PAC
The lower court ruling is
http://www.atg.state.vt.us/assets/files/Green%20Mountain%20Future%20Decision%20on%20Cross-Motions%20for%20Summary%20Judgment.pdf
http://www.atg.state.vt.us/assets/files/GMF%20Decision%20Affirmed.pdf
The case involved harassment of a group, funded by Democrats, for criticing nuclear power in Vermont in TV ads which were implied but not express advocacy against the Republican candidate for governor.
The main issue argued by the parties and the courts was express advocacy.
The court declined to limit disclosure regulations to cases of expres advocacy.
The court upheld a $10,000 fine, but remanded for considerationof an additional fine
for failure to have disclaimers. The court did not address constitutional issues regarding
disclaimers, which seem not to have been argued.
I had been intending to file an amicus in this case, but never got around to it.
I could do so now to the lower court on remand, if I get around to it.
The statute is clearly afoul of Talley and McIntyre, and GMF has standing to litigate that,
even if it is a corporation.
The court cites Worelyv Florida. If either the Worely or (the one about the Ohio blogger)
get accepted by the USSCt, that might affect this case at a later stage.
This case would be well suited for a cert petition. Bob Bauer is especially good at these sort of cases.
Some of what went wrong here was that defendants tried to argue express advocacy as a constitutional matter, instead of a statutory interpretation one, and didn't cite to the Vermont constitution.
Joshua Diamond, the Montpelier attorney who handled the case and appeal for Green Mountain Future, said, “The opinion is being reviewed
http://vtdigger.org/2013/09/27/supreme-court-upholds-campaign-finance-ruling-green-mountain-future/
http://www.therepublic.com/view/story/417fa205e18149b89e4b414bd4feb62e/VT--Campaign-Finance (AP)
http://www.burlingtonfreepress.com/article/20130927/NEWS07/309270032/Supreme-Court-upholds-ruling-against-Democratic-PAC
The lower court ruling is
http://www.atg.state.vt.us/assets/files/Green%20Mountain%20Future%20Decision%20on%20Cross-Motions%20for%20Summary%20Judgment.pdf
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