Florida Judge Protects Political Speech

by Paul Jivoff

Photo of Secretary of State Kurt Browning, primary defendant in the case,

© 2007 Associated Press (Photo by Phil Coale)

U.S. District Judge Stephan P. Mickle granted an injunction against a Florida electioneering law, not allowing it to be enforced. According to the Associated Press, the law currently requires that any organization mentioning political issues in any kind of publication register with the State of Florida. The law provides for imprisonment and fines for its violation, but no violators have been imprisoned or fined since its 2004 passage.

The Broward Coalition of Condominium, Homeowners and Community Organizations, the University of Florida's College Libertarians and the National Taxpayers Union contested the electioneering law. Secretary of State Kurt Browning was the defendant in the case. The lawyer representing the groups, Bert Gall of the Institute for Justice, said he saw this decision as a victory for political free speech.

Judge Mickle wrote in his decision that "no court has ever upheld such a sweeping regulation of political speech," according to the AP. He further wrote that Gall and his clients have a very good chance to successfully argue that the law violates the First Amendment. In the meantime, the injunction he granted will prevent any other organizations from being penalized for violation of the electioneering law.