Posted by James V. Lacy at 12:00 am on Jul 22, 2008 1 Comment
The City of Newport Beach has one of
the most threatening and unconstitutional campaign ordinances on
its books I have ever seen. And by golly, they just might
repeal it tonight!
I blogged about the law here last
February and provided four detailed reasons why it was
unconstitutional. The lawis Municipal Code section
1.30, which criminalizes all "writings," direct-mail and flyers
distributed to 200 or more people in Newport Beach within 14 days
of an election, unless copies are filed with the City Clerk within
2 hours of distribution, and supported by evidence of how they were
distributed. The penalty is six months in jail, a $500 fine,
or both.
The law is aimed atlast minute "hit
pieces" and is specifically intended to force public disclosure of
such mailings, and all late mailings, to give opponents the
opportunity to "respond to statements" that are "untrue, or
believed to be untrue." The law became an issue in the
February municipal election in Newport Beach when supporters of
Measure B, the successful "City Hall in the Park" initiative, which
was opposed by the majority of… Read More