Free Speech Wins in NJ

In my post of April 9, 2019—NJ’s ‘Dark Money’ Bill an Attack on Intellectual Freedom—I highlighted a New Jersey Star-Ledger guest column written by two activists who are normally on opposite ends of the political spectrum. David Keating, president of the Institute for Free Speech, and Amol Sinha, executive director of the American Civil Liberties Union of New Jersey, joined with Americans for Prosperity to express strong opposition to a so-called “Dark Money” bill that would force political activist groups to expose their donors.

The bill banning anonymous donations passed, but met a barrage of lawsuits opposing the law on free speech grounds. 

Good news: Free speech won. The bill is dead. As NJ.com reported, the Controversial N.J. law to unmask secret campaign donors is officially dead. As Brent Johnson and Ted Sherman reported on March 12, 2020:

Multiple groups filed lawsuits seeking to overturn the law. That included the conservative group Americans for Prosperity as well as more liberal groups, the American Civil Liberties Union and the Illinois Opportunity Project, a nonprofit that seeks to educate the public about policy.

The Liberty Justice Center, a nonprofit that aims to protect peoples’ First Amendment rights, called Wednesday’s development a major victory for free speech.

“Adopted under the guise of transparency, these laws are designed to allow opponents of advocacy groups to intimidate and harass the organizations’ supporters," said Patrick Hughes, the group’s president and co-founder.

“All Americans should be free to support causes they believe in without an invasion into their privacy through excessive government reporting requirements or retribution from their opponents.”

Jeanne LoCicero, the New Jersey legal director for the ACLU, also praised the death of the measure.

“All nonprofits should be able to communicate about issues of public concern without fear of being subject to invasive disclosure rules," LoCicero said.

Both Murphy’s office and the state Attorney General’s Office declined to comment.

This bill may be dead. But the battle to retain our free speech is not. Politicians are aching to curtail free speech, press, assembly, and petition. Fortunately, the courts are by and large on the side of the First Amendment. The fight to prevent the political class from neutering the First Amendment goes on. Kudos to the groups that went to court to kill this latest assault on free speech.

Related Reading:

Why Free Speech and Spending on Speech are Inextricably Linked

Murphy’s Veto of NJ’s ‘Dark Money’ Ban Should Be Unconditional

Kill New Jersey’s ‘Dark Money’ Ban

NJ’s ‘Dark Money’ Bill an Attack on Intellectual Freedom

NJ’s ‘Dark Money’ Bill is an Assault on Free Speech

The Anti-Free Speech Fallacy of ‘Dark Money’

‘Dark Money’ is Free Speech. Protect It

The Intimidation Game: How the Left Is Silencing Free Speech--by Kimberley Strassel, especially Chapter 2, “Publius & Co.”

Campaign Finance: Free Speech, Not Disclosure, is the Main Issue

Making Private Donations Anonymously is a Right