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August 08, 2010
Wisconsin Attorney General to fight Club for Growth in free speech case
The Wisconsin Club for Growth and One Wisconsin Now recently filed a lawsuit in U.S. District Court Western District of Wisconsin, seeking a declaratory judgment and preliminary injunctive relief from Wisconsin Government Accountability Board (GAB) rule 1.28. The rule prohibits groups like ours from conducting issue advocacy which mentions the name of a candidate on the September or November ballot within 30 or 60 days of the election.
We are suing on the grounds that GAB Rule 1.28 violates our First Amendment right to free speech and our right to equal protection under the Fourteenth Amendment.
On Friday, much to our disappointment, we learned that Attorney General J.B. Van Hollen has authorized the Wisconsin Department of Justice to defend the Wisconsin Government Accountability Board in this matter. Specifically the Department of Justice (DOJ) filed notice to defend the GAB during a motion hearing scheduled for this Thursday August 12th at 8:30 am in federal court. In addition, the Government Accountability Board has scheduled an emergency meeting on Monday August 9th at 1:00 pm. The GAB meeting notice indicates that the board may confer with legal counsel regarding litigation strategy.
The Department of Justice contacted our legal counsel to inquire about our willingness to come to a settlement with the GAB rather than proceeding with our lawsuit. In other words, the DOJ wants to know how far we will bargain away our constitutional right to free and open political speech.
Our answer: The Wisconsin Club for Growth, Inc. will not compromise our right to free speech. The fact that our free speech is being threatened by an unelected and completely unaccountable board makes our resolve even stronger.
We are even more dismayed that the Attorney General has agreed to represent the GAB against our fundamental rights when he is not legally required to do so. There have been several cases in recent years when the Wisconsin Attorney General has refused to represent the state of Wisconsin in court. Last August, Attorney General Van Hollen refused to defend the state’s domestic partnership law saying:
“My duty to is to the people of the state of Wisconsin and the highest expression of their will - the constitution of the state of Wisconsin. When the people have spoken by amending our constitution, I will abide by their command. When policy-makers have ignored their words, I will not."
Clearly the Wisconsin Government Accountability Board has ignored the U.S. Constitution and the will of the people by exceeding the authority granted to it by the Wisconsin legislature.
Attorney General Van Hollen should immediately withdraw as legal counsel to the Wisconsin Government Accountability Board in this matter.
