(February 2, 2012) A California Chamber of Commerce-opposed bill that would have inhibited protected free speech in the political process by making significant and onerous changes to required disclosures on campaign advertisements and slate mailers failed to pass off the Assembly floor this week.
AB 1148 (Brownley; D-Santa Monica) required a candidate or ballot measure appearing in the slate mailer to be designated by an asterisk if the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer has received payment to include the candidate or ballot measure in the slate mailer.
The CalChamber believes AB 1148 is unnecessary and does not serve an overriding state interest, but rather is intended to have a chilling effect on businesses’ and individuals’ willingness to participate in the election process.
Current Law
Current law requires disclosure on campaign advertisements and slate mailers, which serves the state’s interest in providing voters with information about a candidate’s or ballot measure’s supporters and opponents.
The proponents argued that AB 1148 will disclose who is paying for ads. Current law makes corporate contributions public and available in mandated Fair Political Practices Commission Major Donor reports. The Secretary of State website also contains a user-friendly political activity database.
Violates First Amendment
More importantly, AB 1148 appears to violate the guarantees to free speech in the U.S. and California Constitutions. The U.S. Supreme Court has ruled that the First Amendment does not permit laws that interfere with protected free speech. The freedom to express one’s political viewpoint without fear of repercussions is a principle upon which the First Amendment was founded.
Indeed, the U.S. Supreme Court in McIntyre vs. Ohio Election Commission ruled that the freedom to publish anonymously is protected by the First Amendment and "extends beyond the literary realm” to the advocacy of political causes. When a law burdens such anonymous speech, the court applies “exacting scrutiny” [and we] “uphold the restriction only if it is narrowly tailored to serve an overriding state interest.”
All participants in the election process have the right to privacy, freedom of association and protection against retaliation and harassment. The CalChamber believes that no one should use “disclosure” as a means to silence the speech of groups with whom they disagree.
Key Vote
The January 31 vote on AB 1148 was: 52-26
Ayes: Alejo (D-Watsonville), Allen (D-Santa Rosa), Ammiano (D-San Francisco), Atkins (D-South Park/Golden Hill), Beall (D-San Jose), Block (D-San Diego), Blumenfield (D-San Fernando Valley), Bonilla (D-Concord), Bradford (D-Gardena), Brownley (D-Santa Monica), Buchanan (D-Alamo), Butler (D-Marina del Rey), Calderon (D-Montebello), Campos (D-San Jose), Carter (R-Rialto), Cedillo (D-Los Angeles), Chesbro (D-North Coast), Davis (D-Los Angeles), Dickinson (D-Woodlake), Eng (D-Monterey Park), Feuer (D-Los Angeles), Fletcher (R-San Diego), Fong (D-Cupertino), Fuentes (D-Sylmar), Furutani (D-South Los Angeles County), Gatto (D-Los Angeles), Gordon (D-Menlo Park), Hall (D-Los Angeles), Hayashi (D-Hayward), Hernández (D-West Covina), Hill (D-San Mateo), Huber (D-El Dorado Hills), Hueso (D-Logan Heights), Huffman (D-San Rafael), Lara (D-Los Angeles), Lowenthal (D-Long Beach), Ma (D-San Francisco), Mendoza (D-Norwalk), Mitchell (D-Los Angeles), Monning (D-Carmel), Pan (D-Natomas), Perea (D-Fresno), John A. Pérez (D-Los Angeles), M. Pérez (D-Coachella), Portantino (D-La Cañada Flintridge, Skinner (D-Berkeley), Solorio (D-Anaheim), Swanson (D-Alameda), Torres (D-Pomona), Wieckowski (D-Fremont), Williams (D-Santa Barbara), Yamada (D-Davis)
Noes: Achadjian (R-San Luis Obispo), Berryhill (R-Ceres), Conway (R-Tulare), Cook (R-Yucca Valley), Donnelly (R-Twin Peaks), Gaines (R-Roseville), Galgiani (D-Livingston), Garrick (R-Carlsbad), Grove (R-Bakersfield), Hagman (R-Chino Hills), Halderman (R-Fresno), Harkey (R-Dana Point), Jeffries (R-Lake Elsinore), Jones (R-Santee), Knight (R-Antelope Valley), Logue (R-Linda), Mansoor (R-Costa Mesa), Miller (R-Corona), Morrell (R-Rancho Cucamonga), Nestande (R-Palm Desert), Nielsen (R-Gerber), Norby (R-Fullerton), Olsen (R-Modesto), Silva (R-Huntington Beach), Smyth (R-Santa Clarita), Wagner (R-Irvine).
Absent/Abstaining/Not Voting: Gorell (R-Camarillo), Valadao (R-Hanford).
Staff Contact: Jeanne Cain