TALLAHASSEE, Fla. (Legal Newsline) – The court challenge of a Florida law that limits how much money can be given to certain political committees is off to a good start.
Tallahassee federal judge Allen Winsor on July 1 granted a preliminary injunction that prevents election commissioners from enforcing part of SB 1890, which limits contributions “to a political committee that is the sponsor of or is in opposition to a constitutional amendment proposed by initiative.”
The American Civil Liberties Union of Florida is leading the challenge to the $3,000 cap. The ACLU wants to spend more than that in support of certain citizen-initiative efforts.
“(T)he State bears the burden of justifying restrictions on political expression by advancing at least ‘a sufficiently important interest’ that is ‘closely drawn to avoid unnecessary abridgment of associational freedoms,” Winsor wrote.
“Binding decisions from the United States Supreme Court and the Fifth Circuit applied (that principle) and concluded that the first Amendment forbids limitations like those SB 1890 imposes.”
Winsor wrote the 1976 Fifth Circuit decision in a challenge brought by Let’s Help Florida enjoined enforcement of a nearly identical statute.
A year later, the U.S. Supreme Court decided Citizens Against Rent Control, which invalidated a cap on contributions that was only $250.
“(T)he Commission has not shown a sufficiently important interest in ensuring that sponsors have broad financial support, rather than fewer, bigger contributors,” Winsor wrote.
“In short, the State has no significant interest in limiting speech of political committees with fewer (but bigger) contributors. Indeed, even when it comes to limits on contributions to candidates, the only significant interest the Supreme Court has found is to avoid corruption (or the perception of it), which is not an issue here.”
The current process for direct amendment of the state’s constitution permits residents to form a political action committee, obtain the required petition signatures, receive a favorable advisory opinion from the Florida Supreme Court, and then have a proposed amendment ratified by voters, according to court documents.
The suit alleges that the restrictions could prevent organizations such as the ACLU from donating staff time and supplies to assist an initiative effort, and so would “chill” the ability of the ACLU to exercise its constitutional rights.