The New Hampshire legislature has an opportunity this week to tell us what they think about paid political speech as an amendment emerges from a conference committee to go before both the State Senate and House.  The amendment, written by former democrat party chair Kathy Sullivan, and sponsored by democrat State Senator Maggie Hassan is meant to put speech back in its straight jacket after Citizens United v. FEC risked letting it run wild and naked across fruited plain.   

So a few elite democrats in New Hampshire–already faced with a difficult November–figured they could just use this as an excuse to muzzle paid political speech.  Is that all this was?

In its original form (available at the end one of my earlier blogs here) the amendment included a requirement to register with the Secretary of State, a filing fee for the privilege of engaging in free speech, notification of how much they would be spending, lists of donors, up to five days advanced notice of the intent to speak on almost any matter of a political nature, as well as evidence that the organization or non-profits donors approved; and in the case of a business that a majority of its board and shareholders had given written approval to participate in the political speech.   It also included the prerequisite massive fines for violators and permitted abundant room for lawsuits should the speech displease anyone with the will to file against you. 

Intimidation is one way to describe it.   

Claire Ebel of the NH ACLU called it an “outrageous and unconstitutional attack on free speech in New Hampshire.”   

Even the left leaning Concord Monitor, the paper the public sector state unions and capitol bureaucracy reads with their morning cappuccino’s and latte’s—came out against it. 

Free speech is far too fundamental to democracy to be restricted on the fly by ill-conceived and little discussed measures cranked out in the waning days of the legislative session by lawyers and lawmakers who are over reacting and overestimating their abilities. Legislative leaders are writing laws limiting First Amendment rights with less consideration than was given to limiting boat speeds. When the full Legislature gathers, lawmakers should make quick work of killing the campaign finance amendment tacked onto unrelated legislation by Sen. Maggie Hassan. 

With outrage and objection exploding everywhere the democrat legislative leadership—which currently controls both houses—appointed a committee of conference loaded with democrats, then weeded out the objectors in their own party and replaced them with bobble heads.   But even the bobble heads began to feel the pressure so they watered down the amendment, removed some of the requirements for non-profits and “amounts to be spent,” but left in all the intimidating risk of legal threats and the annoying bureaucracy.   They left those in because in my opinion that was the entire point of Kathy Sullivan’s bill. 

The biggest obstacle Sullivan has faced in recent years, even though the democrats have had complete control of State Government since the anti-Bush backlash of 2006, is her inability to get the AG to follow up on her endless stream of letters and objections about political activity by anyone or anything that presents a risk to the left wing narrative.  If I’m not mistaken Kathy holds the record for the most complaints filed with the New Hampshire AG by any carbon based life form regarding the political activities of others.  Even un-acted upon, the complaints serve to put others on notice—that political speech in New Hampshire could result in a legal challenge by the Bugbears  in the democrat Party leadership.  But if the AG is too busy or simply unwilling to follow through—they begin to lose their effectiveness as a tool to scare off the opposition.   But if you put a rule in chaptered law that allowed someone like Sullivan the ability to file suit without the AG even being involved, you get an awfully big hammer and fewer and fewer nails.

It’s political intimidation at its finest, written by Kathy Sullivan, for Kathy Sullivan.

Fortunately for us Sullivan’s boots were too big.  The amendment was so top heavy in the beginning that it attracted too much opposition, from too many corners, more quickly than it could be rammed through at the end of session free-for all.  And while it may still pass the State Senate—whose earlier 14-10 party line vote is already a gift to democrat opponents this November–the odds of it getting past the 400-seat New Hampshire House are dismal.    

So while Kathy’s long term goal of getting the AG end-around language will have to wait, it is instructive to see who has been party to this assault, and the depth and breadth of their attack.  The people of New Hampshire should take note and defend their rights accordingly, now to ensure this flanking maneuver fails, and at the ballot box this November to deny the left the majority needed to try it again.