Free speech survives intact: the Washington Supreme Court has unanimously ruled that radio talk show hosts’ urging of listeners to support a ballot measure does not constitute a “contribution” to the yes side for purposes of mandatory reporting under campaign finance law. (Ryan Sager, New York Sun blog, Apr. 26). We covered the charges against KVI hosts Kirby Wilbur and John Carlson Jul. 11 and Jul. 19, 2005. Eugene Volokh has extensive coverage of the new decision. A concurring opinion by Justice James M. Johnson, joined by Justice Richard B. Sanders, terms the enforcement a case of “abusive prosecution”. More: Michelle Malkin; John Fund, OpinionJournal.com, Apr. 30.
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I wouldn’t get too excited about this as a victory for free speech; the majority opinion expressly declined to rule on this as a constitutional free speech case (and indeed implied that it might not be). Its ruling was based soley on the fact that the relevant Washington statute had an exemption for news media outlets.
(The concurring opinion was much better.)
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