Amend S. 714 and lets do it

SUNLIGHT!


A lot of people (mainly those who benefit from the Governor’s groups) are crying foul over S. 714 claming that its unconstitutional.  Now, we aren’t lawyers, but after reading the bill for the third time, we can find only one section that could violate one’s right to free speech.

Section 6 amends Section 2-17-130(A) of the 1976 Code to read:

A lobbyist, a lobbyist’s principal, or a political awareness organization who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. In addition, a lobbyist, or a lobbyist’s principal, or a political awareness organization convicted of or pleading guilty or nolo contendere to a misdemeanor under the provisions of this section is barred from acting as a lobbyist, a lobbyist’s principal, or a political awareness organization for a period of three years from the date of the conviction.

So what does that mean?

That means that a person found guilty of violating this new law would be bared from speaking their mind for three years.  That’s not good and we do believe it’s unconstitutional.  But you don’t hear S. 714 opponents stating that because they know that the Senate can just amend that language to give guilty parties a hefty fine, which would not be unconstitutional. S. 714 opponents would rather just claim unconstitutionality and continue lining their pockets.

Let’s amend this bill and bring sunlight to a system that desperately needs it.

2 Responses to “Amend S. 714 and lets do it”

  1. Harden Gervais Says:

    Sounds like the sort of provision that would sink the act if it went to the courts. Are there no First Amendment or media law attorneys in the GOP? Whoever wrote that part needs a good backhand slap and a friendly, “Dude! WTF?”

  2. Karen Says:

    There are some interesting comments on this whole secret mony thing over at Palmetto Scoop…

    http://www.palmettoscoop.com/2008/02/08/wsj-sanford-demint-top-veepstakes/

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