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COUNTY ELECTIONS BOARD FILES OEC COMPLAINT AGAINST BLOGGER WHO TARGETS ‘RINOS’

August 6, 2010 By 1851 Center for Constitutional Law

Thursday, August 5, 2010

A non-profit legal advocacy firm is asking the Ohio Elections Commission to dismiss a complaint from a county elections board that contends a blogger violated campaign finance laws with postings that, among other things, target “RINOs” – Republicans in Name Only.

The 1851 Center for Constitutional Law characterized a filing from the Geauga County Board of Elections against Edmund Corsi as “an apparent retaliatory action against an outspoken critic.”

Attorney Maurice Thompson, representing Mr. Corsi, said a law dealing with disclaimers on political publications for or against candidates, which the board cited in its complaint, is unconstitutional as applied to the activities of the blogger.

Mr. Thompson said the “Geauga Constitutional Council” is only the name of a website, and that Mr. Corsi’s name cannot be found on it or on any pamphlets circulated on its behalf. [Read more...]

Filed Under: 1851's Recent Actions, Blog, Litigation and Counsel, News Coverage Tagged With: Ohio Elections Commission

Legal Centers Take Up Case of Blogger Charged with Campaign Finance Violation

August 4, 2010 By 1851 Center for Constitutional Law

Geauga County Board of Elections Filed Complaint Against Critic

COLUMBUS – In an apparent retaliatory action against an outspoken critic, the Geauga County Board of Elections charged independent blogger Ed Corsi with violating campaign finance laws. The elections board forwarded a complaint to the Ohio Elections Commission (OEC), where Corsi faces fines of up to $1,000 a day.

Corsi’s blog, http://www.geaugaconstitutionalcouncil.org, is critical of local government and political officials, including Geauga County Board of Elections Member Edward Ryder. Specifically, Corsi publishes a politically “most unwanted list” critical of several officials he refers to as “RINOs” (Republicans in Name Only). Ryder is chairman of the Geauga County Republican Party.

The 1851 Center for Constitutional Law and the Rutherford Institute, non-profit legal advocacy firms, today filed arguments with the OEC on behalf of Corsi. The legal organizations argue the elections board improperly and unconstitutionally applied campaign finance law to Corsi’s activities. Further, the board’s complaint infringes upon Corsi’s First Amendment right to criticize his government.

“This case has the potential to severely limit free speech in Ohio,” said 1851 Center Executive Director Maurice Thompson. “Should independent bloggers in Ohio be subject to registration, political disclosure laws, and fines simply because they discuss Ohio politics, and are critical of certain politicians? The Constitution says otherwise.”

The elections board based the complaint on O.R.C. 3517.20(A)(2). Thompson believes its action overreaches the application of the law and violates the freedom of alternative media, such as independent political bloggers.

“When applied to Corsi’s activities, the law violates the First Amendment right to anonymous political speech,” said Thompson. “It places an impermissible prior restraint on core political speech. And, it applies an overbroad regulation and/or prohibition on political speech that is not express advocacy.”

Corsi’s website and his blogger pseudonym Geauga Constitutional Council (GCC) are not registered political organizations. They do not coordinate with political campaigns. And, Corsi personally pays for all costs associated with the website and subsequent printed material.

A copy of the filing is available here.

The 1851 Center for Constitutional Law is non-profit, non-partisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The center litigates constitutional issues related to property rights, voting rights, regulation, taxation, and search and seizures.

The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional rights have been threatened or violated. More on the Institute can be found at http://www.rutherford.org.

Filed Under: Frontpage Posts, Gallery, Litigation and Counsel, News Releases

Cincinnati Public Schools Blocked from Discriminating Against Charter and Private Schools

July 22, 2010 By 1851 Center for Constitutional Law

The 1851 Center halted Cincinnati Public Schools’ efforts to suppress competing charter and private schools with an important victory in Hamilton County Common Pleas Court.

In CPS v. Conners, Judge Robert P. Ruehlman ruled CPS’s policy of prohibiting already sold and unused public school building from being used as private or charter schools violated state law. The 1851 Center litigated the case on behalf of the Theodore Roosevelt School, a Cincinnati charter school, and its owner Dr. Roger Conners, who was sued by Cincinnati Public Schools on the eve of the school’s August opening.

Dr. Conners purchased an unused school building located in Cincinnati’s Fairmount neighborhood, where all CPS schools are in academic emergency, and 80 percent of families are of minority status and live in poverty.

CPS sued to enforce a deed restriction prohibiting the use of previously-taxpayer-owned school buildings for use by a charter or private school. The 1851 Center asserted such a restriction is void by Ohio’s public policy in favor of school choice, and cheats taxpayers of sales revenue from the buildings. The court agreed.

In his ruling, Judge Ruehlman called CPS’s deed restrictions “anti-competitive.” The judge asserted CPS was merely attempting to suppress competition from charter and other alternative schools, and thwart school choice for the parents and children of Cincinnati.

On July 6, Judge Ruehlman denied CPS’s desperate last-ditch effort to derail Theodore Roosevelt School’s opening, denying CPS’ Motion to Stay. This clears the way for the school to open in August, and area families have already enrolled over 200 children. The school will employ approximately 40 people.

A Public Records Request by the 1851 Center reveals that CPS has already paid its hand-picked law firm over $32,000 in Cincinnati taxpayers’ money for the case, at an average rate of approximately $200 per hour, and at times as much as $256 per hour.

This is quite a sum, considering that Dr. Conners only paid $30,000 for the school building, the 1851 Center offered CPS an opportunity to settle beforehand, the amount does not include the fees to be paid for the pending appeal, and of course, CPS lost.

Read the news release here.

Read the Cincinnati Enquirer’s coverage of the issue here.

Review CPS’ outrageous attorneys fees here.

Filed Under: Advancing School Choice, Litigation and Counsel

Court: Cincinnati Public Schools Violated State Law

May 28, 2010 By 1851 Center for Constitutional Law

Judge Rules CPS Deed Restrictions Against Charter and Private Schools Illegal

Columbus – Cincinnati Public Schools’ (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools violates state law, yesterday ruled Hamilton County Common Pleas Court Judge Robert P. Ruehlman. The judge issued the ruling immediately from the bench. [Read more...]

Filed Under: Advancing School Choice, Frontpage Posts, Gallery, Litigation and Counsel, News Releases Tagged With: Charter Schools, Court Decision, CPS

Cincinnati Public Schools Forfeit State Construction Funding, State Legislator Says

May 18, 2010 By 1851 Center for Constitutional Law

1851 Center Sued CPS Over Handling of Charter Schools

Columbus – State Representative Kris Jordan, a member of the Ohio School Facilities Commission, yesterday notified commission director Richard Murray that Cincinnati Public Schools (CPS) has forfeited its statutory right to project funding because of repeated violations of state charter schools provisions. [Read more...]

Filed Under: 1851's Recent Actions, Advancing School Choice, Litigation and Counsel, News Releases Tagged With: Charter Schools, Cincinnati Public Schools, Litigation

Prevailing Wage Law Unconstitutional Argues 1851 Center

May 4, 2010 By 1851 Center for Constitutional Law

1851 Center Files Amicus Brief in Ohio Prevailing Wage Law Case

Columbus – Ohio’s current prevailing wage law is, in part, unconstitutional, the 1851 Center for Constitutional Law argues in an amicus brief filed yesterday in the Tenth District Court of Appeals, Franklin County. The case, Ohio Department of Commerce v. 770 West Broad AGA, LLC, exposes fundamental flaws in the current prevailing wage law. [Read more...]

Filed Under: Challenging Unconstitutional Labor Policy, Litigation and Counsel, News Releases Tagged With: Amicus Brief, Prevailing Wage

Supreme Court: Health Care Freedom Amendment to Move Forward

April 29, 2010 By 1851 Center for Constitutional Law

Ohio Supreme Court Orders Ballot Board to Certify Amendment Language

Columbus – The Ohio Supreme Court today unanimously ruled Secretary of State Jennifer Brunner and the Ohio Ballot Board abused their discretion and violated Ohio law in rejecting ballot language for the proposed Ohio Health Care Freedom Constitutional Amendment. The ruling is a significant victory for constitutional initiative rights, Ohio’s grass-roots liberty movement, and health care freedom in Ohio. The 1851 Center for Constitutional Law, a non-profit constitutional rights advocacy firm, argued the case on behalf of amendment sponsors the Ohio Liberty Council. [Read more...]

Filed Under: Defending Referedum Rights, Frontpage Posts, Gallery, Litigation and Counsel, News Releases

High Court Asked to Address Improper Rejection of Health Care Freedom Amendment

April 14, 2010 By 1851 Center

1851 Center Files Ohio Supreme Court Complaint Against Ballot Board

Columbus – The 1851 Center for Constitutional Law, a non-profit constitutional rights advocacy firm, yesterday filed a complaint with the Ohio Supreme Court seeking a remedy for improper actions taken by the Ohio Ballot Board. On Friday, the Ballot Board, chaired by Secretary of State Jennifer Brunner, rejected a proposed health care freedom constitutional amendment. It ruled the Ohio Liberty Council, the amendment’s sponsor, must resubmit the measure as two separate amendments. The ruling requires the group to rewrite its constitutional amendment, and gather two sets of 402,276 signatures for two separate amendments by June 30. [Read more...]

Filed Under: Defending Referedum Rights, Featured Post, Litigation and Counsel, News Releases

Ballot Board Attempts to Block Health Care Freedom Amendment

April 9, 2010 By 1851 Center for Constitutional Law

1851 Center for Constitutional Law to File Action with Ohio Supreme Court

Columbus – Secretary of State Jennifer Brunner and the Ohio Ballot Board today ruled a proposed constitutional amendment aimed at protecting Ohioans from forthcoming health care regulations should be split into two parts. As a result, the board rejected the proposed amendment and told its sponsor, the Ohio Liberty Council, to start over. [Read more...]

Filed Under: Defending Referedum Rights, Litigation and Counsel, News Releases

Victory in SpeechNow.org v. FEC

April 5, 2010 By 1851 Center

In August, the 1851 Center filed an amicus brief defending the First Amendment rights of SpeechNow.org in its legal battle with the Federal Elections Commission. The FEC viewed the non-profit much like a political action committee or PAC. The 1851 Center’s brief argued SpeechNow.org is not a political committee that makes contributions to candidates, and its subjection to harsh campaign finance laws are a constitutional violation of the freedoms of political speech and association. It emphasized that political speech made by citizens in a grassroots organization is protected by the First Amendment. [Read more...]

Filed Under: Litigation and Counsel, News Releases, Safeguarding Election Rights