Apr 30 2007
Washington State Supreme Court gets it right, and protects free speech
Order tossed for I-912 backers
The Washington Supreme Court has thrown out a judge’s order that forced backers of a anti-gasoline-tax initiative to report the online-air activities of two Seattle talk-show hosts as in-kind campaign contributions in 2005.
All nine justices agreed that the lower court ruling by Thurston County Superior Court Judge Chris Wickham was incorrect on free-speech grounds.
They issued two separate decisions Thursday to explain their views in the case, which dealt with KVI Radio hosts John Carlson and Kirby Wilbur.
The backers of Initiative 912, who had sought unsuccessfully to overturn the gasoline-tax increases, now are considering whether to pursue a civil-rights claim for damages against the prosecutors in San Juan County, Seattle and other jurisdictions in the case.
“This is a vindication of free speech and freedom of the press, and a direct and clear repudiation of the use of Washington’s campaign finance laws to intimidate and harass media voices with which the government disagrees,” William Maurer, executive director of the Institute for Justice’s Washington Chapter, said in a statement e-mailed to reporters.
To understand the fuss you have to go back to 2005, before I had even launched this blog. This section sums it up fairly well.
San Juan County Prosecutor Randall Gaylord, who led efforts to treat the on-air commentary as in-kind political contributions, could not be reached for comment. But Gaylord said in a statement sent to news organizations that the Supreme Court altered the rules for talk-show hosts in campaigns by requiring a political committee to own the radio station before drawing the line between advocacy and campaigning.
The case dealt with the No New Gas Tax group’s Initiative 912, which was aimed at repealing the gasoline-tax portion of a transportation-financing package approved by the Legislature in 2005. Carlson and Wilbur both advocated strongly for the repeal, urging listeners to sign petitions and donate money.




