Newport Beach Council set to repeal “hit piece” crime
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