Constitutional Law

Wis. Supreme Court blocks political-ad rule

By By The Associated Press

MADISON, Wis. ? The Wisconsin Supreme Court has temporarily halted enforcement of a new rule regulating political issue ads that's been the subject of multiple lawsuits by both liberal and conservative activists.

In a 4-3 decision issued on Aug. 13, the justices granted the injunction request by a variety of Wisconsin tea party groups in a lawsuit challenging the regulation in state court. The rule requires groups running so-called issue ads to disclose where they get their money and how they spend it.

Critics say the rule would muzzle the free-speech rights of individuals and organizations to comment on public policy and politicians.

The state Government Accountability Board ? charged with enforcing the regulation ? reached an agreement earlier last week with plaintiffs in a separate federal lawsuit to not enforce the rule. U.S. District Judge William Conley refused to sign off on that agreement, which was struck by the board with One Wisconsin Now, a liberal group, and the conservative Wisconsin Club for Growth.

Still, board director Kevin Kennedy vowed not to enforce the new rule while the parties responded to Conley's request for more information.

The state Supreme Court's Aug. 13 ruling makes that a certainty. Justice David T. Prosser wrote that there was "indefiniteness and incompleteness" surrounding the agreement between the state and the federal plaintiffs, and that the injunction was needed to block the rules until the high court hears arguments on the rule itself.

Three justices dissented, with Justice Ann Walsh Bradley writing that the injunction appeared unnecessary given the agreement. "The majority reads potential injuries ... that are not there," Bradley wrote.

Reid Magney, spokesman for the Government Accountability Board, did not return a call seeking comment in time for this story.

Mark Block, director of Americans for Prosperity ? one of the plaintiffs in the state lawsuit ? said critics of the law weren't totally confident in the board's vow not to enforce the rule and were happy to see the state high court ruling.

"This shows the legal system can still uphold the Cnstitution," Block said.

A third lawsuit that also challenges the rule is pending in federal court in Milwaukee.

Full post as published by First Amendment Center on August 16, 2010 (boomark / email).