[Arizona] state law — this is the state of John McCain, apostle of political purification through the regulation of political speech — says that anytime two or more people work together to influence a vote on a ballot measure, they instantly become a “political committee.” This transformation triggers various requirements — registering with the government, filing forms, establishing a bank account for the “committee” even if it has raised no money and does not intend to. This must be done before members of this fictitious “committee” may speak.
Galassini wrote to ask the clerk if it would be permissible for her to e-mail the 23 persons telling them the demonstrations were canceled — she got no response — and told the clerk, “This is all so confusing to me.” Confusion and inconvenience — Galassini could have made an appointment for tutoring by the clerk’s office concerning permissible speech — are probably intended consequences of laws designed to burden political speech that is potentially inconvenient for government. Galassini gave up trying to influence the vote.
The Supreme Court, in its splendid 2010 Citizens United decision, said that laws requiring licenses or other official permission to speak “function as the equivalent of prior restraint by giving the (government) power analogous to licensing laws implemented in 16th- and 17th-century England, laws and governmental practices of the sort that the First Amendment was drawn to prohibit.” Paul Avelar of the Institute for Justice, the nation’s only libertarian public-interest law firm, which is helping Galassini contest the constitutionality of Arizona’s law, says that such niggling nuisances are proliferating nationwide.