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First Amendment rights

One Vote from Tyranny

The bureaucrats at Missouri’s Ethics Commission lost.

By one vote.

Last Friday, the commission’s outrageous attempt to force Ron Calzone, an unpaid citizen activist, to file and pay a fee as a lobbyist in order to speak to legislators in the capitol was ruled unconstitutional.

After vacating a previous 2 – 1 decision by a three-​judge panel that had upheld that ridiculous requirement, the entire federal Eighth Circuit Court of Appeals weighed-​in, ruling 6 – 5 that such a mandate was a violation of fundamental First Amendment rights.

“[C]an Missouri require Calzone to pay a fee and publicly disclose his political activities, even though he neither spends nor receives any money in connection with his advocacy?” asked the majority opinion. “We conclude that the answer is no.”

Regular readers may recognize Calzone for the same reason Show-​Me State legislators know his name: he is an effective advocate for constitutional government. 

And we have covered this specific battle numerous times going back to 2014, when a paid lobbyist at the behest of two legislators (tired of his grassroots input) filed an ethics complaint against Mr. Calzone.

This whole case is one of politicians and their special interest cronies using the bureaucratic, regulatory state to attempt to harass citizens into silence. 

They sure chose the wrong citizen to mess with.

Be grateful to Ron Calzone who stood up for freedom during five years of court battles. And thank goodness for the legal eagles who soared to his defense — in this case the Freedom Center of Missouri and the national Institute for Free Speech.

Yet, be very afraid that while this most fundamental right to freely communicate with one’s elected representatives and speak out on legislation was sustained, it was by a narrow 6 – 5 vote. 

This is Common Sense. I’m Paul Jacob.


More on this particular case … 

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First Amendment rights general freedom local leaders

Deep Show-​Me State

Worried about the Deep State undermining democracy in Washington? What about the Deep State in Missouri?

Today, Ron Calzone will sit in a St. Louis courtroom with his wife, Anne, intently listening to arguments in his case, Calzone v. Missouri Ethics Commission, before the entire Eighth Circuit Court of Appeals. 

In what sort of evil corruption has Mr. Calzone been engaged? 

Good citizenship. 

Talk about an open-​and-​shut case! For zero pay, Calzone and others — organized through Missouri First — track legislation and communicate their viewpoints to their state representatives, urging legislators to follow a constitutional, limited government philosophy. The group gives no gifts to legislators, only their opinions, and spends no money. Doesn’t even have a bank account.

This is the sort of wholesome citizen participation envisioned in civics textbooks. But politicians see engaged citizens, like Ron, as pests, infesting their capitols. 

In 2014, angered by the grassroots input Calzone had generated, two state legislators convinced the Missouri Society of Governmental Consultants (the state’s “lobbyist guild”) to file an ethics complaint against Ron, demanding he register as a lobbyist. At the measly cost of $10 a year.

Calzone can afford the Hamilton, but refused, on principle, to pay it or to register as a lobbyist. Thankfully, great lawyers at the Freedom Center of Missouri and the Institute for Free Speech have come to his defense.

Laws regulating lobbyists have been enacted to check the influence of rich, powerful special interests. Or so the powerful interests tell us.

Instead, politicians and bureaucrats are twisting the law, trying to block grassroots citizens.

It is time to deep six Deep States.

This is Common Sense. I’m Paul Jacob.


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Accountability First Amendment rights local leaders

Insiders Strike Back

It costs time, not money.

Ron Calzone and others read and consider legislation on their own dime. Calzone’s all-​volunteer Missouri First group, which analyzes legislation filed in Jefferson City from a constitutional, pro-​liberty perspective, doesn’t even have a bank account.

A small businessman outside of Rolla, Calzone devotes a great deal of time and energy during the legislative session, traveling to the capitol to speak face to face with Show-​Me State public servants.

For some reason, establishment politicians and bureaucrats have generally failed to express gratitude. 

Back in 2015, the head of Missouri’s “lobbyist guild” filed a complaint, at the urging of two powerful legislators, alleging that Ron Calzone should have to register as a lobbyist. Meaning a $10 fee and lots of paperwork about the money neither he nor his group spends. 

“Average citizens have acted in harmony to stop hundreds of millions of dollars worth of graft that would have otherwise benefited the people who hire herds of professional lobbyists,” he responded at the time. “No doubt, it’s hard for those lobbyists to explain how average men and women can, with no budget and with no palm greasing, beat them so often!”

With the assistance of the Freedom Center of Missouri, a wonderful public interest litigator, and the Institute for Free Speech, the national leader in protecting political speech, Mr. Calzone has stood tall against the Missouri Ethics Commission. 

Last week, the Eighth Circuit Court of Appeals vacated a 2 – 1 decision against him, agreeing to have all the circuit’s judges weigh in on the case. 

In a free society, citizens must not be required to register and pay a fee in order to speak to legislators.

This is Common Sense. I’m Paul Jacob.


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Further reading:

Lobbyists, legislators aim to quash political activist’s free speech” — St. Louis Post-Dispatch

Calzone v. Missouri Ethics Commission — Institute for Free Speech

Show-​Me Tyranny” — Paul Jacob, Townhall

Undefeated” — Paul Jacob, Common Sense

Show-​Me Human Rights” — Paul Jacob, Townhall


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general freedom moral hazard nannyism national politics & policies Regulating Protest responsibility too much government

Undefeated

It’s over … but it’s not.

A conscientious Show-​Me state activist has won his case, but …

A year ago, the unethical Missouri Ethics Commission fined Ron Calzone $1,000 for not paying a silly $10 fee. To register as a lobbyist. They also ordered him to stop talking to legislators until he complied.

Citizen Calzone didn’t register.

He didn’t pay.

And he didn’t shut up.

On principle.

Instead, he contacted the Freedom Center of Missouri and the Center for Competitive Politics, a national outfit that defends our rights to participate in our supposedly participatory and representative democratic republic.

On Monday, a judge ruled in Ron’s favor, tossing out the “ethics complaint” against him. On a technicality, actually.

Winning is better than losing. But even if someone bothers to try again against Calzone, filing the suit properly*, Calzone would win.

You see, we have rights … including the freedom to talk to those pretending to represent us. It is not at all certain that government has any constitutional authority to regulate paid lobbyists.

But Ron is not a paid lobbyist. He volunteers for Missouri First, a citizen group.

So why did the speech police’s long arm reach out to grab him?

He’s effective.

More than a forthright advocate for what he believes, he has proven smart enough to find ways to allow fellow freedom-​lovers to weigh in on bills they favor or oppose.

This has endeared him neither to legislators nor the lobbying “community” — professionals paid handsomely to lose to Calzone’s grassroots network. They will strike back. You can count on it.

But as long as there are citizens like him, the people will not be defeated.

This is Common Sense. I’m Paul Jacob.

 

* The charges weren’t filed by a “natural person,” as the law requires, but by the attorney for the Missouri Society of Governmental Consultants, the state lobbyist guild.


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Common Sense First Amendment rights folly general freedom initiative, referendum, and recall Regulating Protest too much government

Citizen Registration Fee

It’s not about the ten bucks — or the thousand. An important principle is involved.

Professional lobbyists in Missouri are legally required to submit reports about the corporations, local governments, industries, associations, and special interests for whom they lobby, how much they are paid, and the goodies they bestow upon the politicians they seek to influence. The registration fee is $10.

Problem is, as I revealed at Townhall yesterday, Ron Calzone isnt a lobbyist. So, naturally enough, he didn’t file.

Calzone is president of Missouri First, a group advocating constitutional governance and mobilizing fellow citizens for an enormous impact on Show-​Me State government. He regularly treks to the capitol, while Missouri First helps folks who can’t get to Jefferson City submit testimony online … all to weigh in on issues like the Second Amendment, property rights, initiative petition rules, and cronyism.

It’s true that Calzone lobbies every time he speaks to a legislator. But hey: he’s not a lobbyist under the legal definition. Why? Because he earns not a penny. Missouri First doesn’t even have a bank account. And Calzone doesn’t represent various clients as a professional lobbyist would; he represents himself — and those citizens who agree with him.

Despite the letter of the law, last week the Missouri Ethics Commission fined Mr. Calzone $1,000 for not registering as a lobbyist. It also ordered him not to speak to any state legislator until he registers.

Ron Calzone — with the help of the Freedom Center of Missouri and the Center for Competitive Politics — is appealing the case.

And will win in court.

Yet, that an “ethics” agency is harassing a citizen volunteer speaking truth to power … speaks volumes.

This is Common Sense. I’m Paul Jacob.


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ballot access initiative, referendum, and recall local leaders

The Spirit of Initiative

Today is inauguration day for President Barack Obama. When I think of presidential inaugurations, I think of John F. Kennedy’s speech on another January 20, back in 1961. Kennedy told Americans to “Ask not what your country can do for you — ask what you can do for your country.”

In other words, government ought not be a spectator sport. Government is us. “We the People” must be engaged. And, around the country, people are engaging in all sorts of ways. Many are launching ballot initiatives. You could, too.

Initiatives allow voters a direct say on issues.

In Missouri, for example, Ron Calzone and Missourians for Property Rights are campaigning for two constitutional amendments to fully protect citizens from continuing eminent domain abuse.

Ron and the group worked their hearts out in 2008 to gather hundreds of thousands of signatures on two petitions. Unfortunately, both measures fell short in one of the six required congressional districts.

Would you have given up, saying you did your duty? Well, Calzone’s troops can be called “the minutemen” because they didn’t quit for a minute. They will not rest until governments are prevented from stealing our homes and businesses, at least in Missouri. The group has filed two new initiatives and will soon be gathering signatures for a 2010 vote.

The inaugural will be televised. I’m told the revolution will not be.

This is Common Sense. I’m Paul Jacob.