Washington Coalition for Open Government drops its support for bill that would limit free speech
Some lawmakers in Olympia think we have too much freedom of speech. Supporters of SB 5991, branded as the “DISCLOSE” act, want to expand state power over public speech and civic engagement by requiring certain non-profits to report sensitive personal information about their donors. The personal information would then be posted online.
The Washington Coalition for Open Government (WCOG) once supported the bill, but the respected civic openness organization is now worried about the danger the bill poses to open expression and the free flow of ideas. Here is WCOG’s latest statement on the bill:
“We have updated WCOG’s position on the DISCLOSE Act, HB 2455 and SB 5991, from SUPPORT to CONCERNS...”
“...the way the bill is written, it could be interpreted to require intrusive financial disclosures by non-profits who do nothing more than publish policy analysis articles about ballot measures or campaign issues, by considering such writing to be an in-kind contribution or independent expenditure for or against a candidate or measure.
“The free flow of ideas, without express advocacy, shouldn’t be stifled by onerous disclosure requirements; the bill should be focused on actual attempts to conceal the flow of cash to political advertising. The definitions in the bill need to be clarified.”
The ACLU also opposes the bill, testifying against it at a Senate hearing and submitting a statement against it in the House. The ACLU is rightly concerned about the chilling effect the bill would have on voluntary giving to charities and other non-profits.
The bill’s supporters say they are trying to bring sunshine to the political debate. It doesn’t create “sunshine” when a state agency threatens to post your personal information online, based on the charities and causes you may choose to support.
In fact it does the opposite. This bill would weaken our democracy by spreading fear of state regulators and being targeted by political activists. The result would indeed have a chilling effect on charities. These days, people may decide its safer to not give at all, rather than risk being “outed” on a state website.
Voluntary civic engagement is essential to the health of our democracy. Everyone should be free to support private non-profits without fear of threats or intimidation. It’s no wonder WCOG dropped its support for SB 5991/HB2455. It’s a core moral principle that people should be able to give, or not give, to charitable causes as they freely choose, without the fear that their personal information will be posted online by the state.