Either California’s budget woes are solved or prison overcrowding is about to get a lot worse, if a San Clemente man gets his way. A local businessman intends to put an initiative on the November 2010 ballot that will impose hefty fines on politicians and the media for lying about political matters. The (seemingly absurd) proposed law raises interesting free speech questions.
“It is NOT unreasonable for the people of California to demand that those who comprise the Public Trust tell them the truth!” declares the proposed initiative. The law would essentially criminalize political fraud (intentional statements of material fact that are reasonably likely to influence legislation, elections, or public employment). Persons in the Public Trust include political candidates, office holders, Congressmen, Senators, appointees, and the Mass Media (radio, television, newspapers, magazines). The initiative exempts statements of opinion and non-public statements.
The law gives citizens a private right of enforcement, as well as authorizing enforcement by the State Attorney General. Penalties include suspension from the Public Trust, prison terms of 2-10 years, and fines of $10,000-$500,000. After final conviction, convicted persons are barred for life from the Public Trust.
The proposed law raises interesting free speech questions. It seeks to impose the same (albeit harsher) truth in advertising standards on lawmakers that lawmakers have imposed on commercial businesses.
The law highlights the differing treatment of political and commercial speech, as illustrated by the case of Kasky v. Nike, a few years ago, where “consumer activist” Marc Kasky (acting as a “private attorney general”) sued Nike for unfair and deceptive practices and false advertising. Kasky alleged that Nike made “false statements and/or material omissions of fact” concerning working conditions at Nike manufacturing plants. Then Attorney General Bill Lockyer joined the fray, arguing that corporations have no free speech rights because they aren’t persons. The California Supreme Court ruled that Nike’s commercial speech was subject to truth in advertising laws.
In the end, it seems likely that politicians will remain free to defraud the public and tyrannize private enterprise.
Who are you going to find to determine the truth? And who’s truth are you going to use? A lot depends on your point of view, which areas you have expectice in and your general political views.
In some cases only God or your higher power depending on your belief knows the truth.
Good luck with this one, God help us all if it passes, they might decide to apply it to everyone.
Amen. (I doubt it would survive Constitutional muster.)
The California Initiatve process has gotten out of control. It seems people with a desire to lash out at some person or group launch initiative efforts designed to inflict punishment. It is a nasty business that seems to have intensified with tough economic times. Overall, it is not healthy for democracy and representative government and our way of life.