URGENT: HELP US FIGHT BACK AGAINST THE MOST PARTISAN, ANTI-CONSERVATIVE, SECRETARY OF STATE IN NEVADA HISTORY!
Help us shove the First Amendment right down Ross Miller’s throat!
Dear Friend of Liberty,
I am what is called a “controversial figure.”
As such, you may have already heard that our organization, Citizen Outreach, has been hit with what I consider to be a textbook example of a SLAPP lawsuit by Democrat Secretary of State Ross Miller.
And if we’re gonna successfully fight him, I need your help.
Brooke Gladstoneof OnTheMedia.org explains what a SLAPP suit is:
“One of the least known and most lethal threats to free speech is a kind of lawsuit known as a SLAPP. It’s an acronym for Strategic Lawsuit Against Public Participation, and it’s used by free speech advocates to describe meritless lawsuits intended to spend critics into silence.”
Help us shove the First Amendment right down Ross Miller’s throat!
Dear Friend of Liberty,
I am what is called a “controversial figure.”
As such, you may have already heard that our organization, Citizen Outreach, has been hit with what I consider to be a textbook example of a SLAPP lawsuit by Democrat Secretary of State Ross Miller.
And if we’re gonna successfully fight him, I need your help.
Brooke Gladstoneof OnTheMedia.org explains what a SLAPP suit is:
“One of the least known and most lethal threats to free speech is a kind of lawsuit known as a SLAPP. It’s an acronym for Strategic Lawsuit Against Public Participation, and it’s used by free speech advocates to describe meritless lawsuits intended to spend critics into silence.”
And that is EXACTLY what Miller’s lawsuit is intended to do.
In a way, I guess, we’re flattered.
I mean, if you’re not making a difference, the opposition doesn’t pay any attention to you. On the other hand, the more effective you are, the harder the opposition tries to shut you up and shut you down.
And clearly we’ve gotten under the skin of this very powerfulgovernment official!
Make no mistake. This is a serious issue…with serious potential consequences for all conservative organizations and activists…including tea party groups.
If Miller wins it will be a serious blow to the ability of grassroots organizations to communicate important information to voters about their elected officials.
This is nothing more than a raw effort to chill free speech, plain and simple.
And it comes on the heels of example after example of SoS Miller using his office for partisan advantage at the expense of Nevada conservatives and Republicans. Here are just a few recent examples:
- Miller recently attacked a group of citizens who turned out at a public hearing to voice concerns over a series of new election regulations being proposed by his office; accusing them in an official press release of “creating an inflammatory environment.”
- Miller ruled that Scott Ashjian was allowed to appear on the ballot as a U.S. Senate candidate last year even though hisfake “Tea Party” party hadn’t submitted the required signatures to qualify for ballot status as a party.
- Miller ruled that last summer’s special congressional election had to include a free-for-all open primary in a clear effort to help Democrat Kate Marshall win that seat. He was overruled by the courts.
- Miller’s recommendations for the panel of “masters” to redraw the district lines included a Republican who supported Harry Reid in the 2010 Senate race, a former Democrat senator-turned-lobbyist, a Harry Reid judicial nominee and Democrat convention delegate, a major Democrat contributor, and a government employee who was working for the Democratic legislative leaders.
- Over GOP objections, Miller asked the Nevada Supreme Court to force the redistricting judge to consider “representational fairness,” which “would allow consideration of how many ‘safe’ seats each political party should have.” This would clearly benefit Democrats.
- Miller promoted an “election suppression” bill this year (A.B.81) that, as Eagle Forum director Janine Hansen exposed, included “virtual felony type penalties, gigantic filing fee increases, massive increases in campaign reporting requirements and the lowering of reporting thresholds.”
And Ross Miller is extremely ambitious politically…so watch out!
In a December 15 story in the Las Vegas Sun, Anjeanette Damon reports that Miller is aggressively raising money even though he won’t be on the ballot in 2012.
Damon notes that “in the world of Nevada politics, a mid-cycle fundraiser for a term-limited elected official who is out of terms is almost always intended to send some kind of message on the next election.
“In Miller’s case, with three years until Election Day 2014, those close to him are putting out the word that he’s got his eye on the attorney general’s office.”
Worse, “Miller is described in political circles as the man who would be governor if the opportunity arises.”
And he clearly isn’t afraid to use his current office to grease his path to higher office.
Democrat activists will be very appreciative of his efforts toderail Republicans and conservatives should Miller face a Democrat primary in 2014 on his next rung up the political ladder.
But back to the lawsuit. In a nutshell, here’s what it’s all about…
Last year, Citizen Outreach sent out a pair of educational mailers simply pointing out that Assemblyman John Oceguera was a double-dipping government employee who had voted for multiple tax hikes.
Every point was true and documented.
And at no time and in no way did we call for the defeat of Assemblyman Oceguera.
In fact, we didn’t even mention his party affiliation or his opponent.
Nevertheless, Miller is suing us – with Attorney General Catherine Cortez-Masto as his taxpayer-funded lawyer.
He’s arguing that the two mailers “constitute express advocacy because there is no reasonable interpretation of these communications other than as an appeal to vote for or against a clearly identified candidate on the ballot.”
Hogwash.
First of all, Nevada law doesn’t even include mailers in its definition of “campaign expenses” or “expenditures.” NRS 294A.004 defines such expenditures as “advertising on television, radio, billboards, posters and in newspapers.”
Mailers are specifically not included - probably because mailing a letter to someone’s home simply is not the same as public advertising. And it is controlled by United States postal regulations, not the Nevada Legislature.
Secondly, that “reasonable interpretation” language wasn’t added to Nevada statutes until this last session - long AFTER these mailers went out. So Miller is trying to find us guilty of an infraction retroactively.
Thirdly, and even more importantly, the United States Supreme Court has already determined what exactly constitutes “express advocacy” – and we’re not guilty of it!
In Buckley v. Valeo – a landmark 1976 Supreme Court ruling – the Court defined “express advocacy” as “communications containing express words of advocacy of election or defeat, such as ‘vote for,’ ‘elect,’ ‘support,’ ‘cast your ballot for,’ ‘Smith for Congress,’ ‘vote against,’ ‘defeat,’ ‘reject.’”
Since that ruling, a series of subsequent rulings have upheld the “magic words” test outlined by the Supreme Court in determining what constitutes “express advocacy.”
And our mailers in no way, shape, form or fashion met the Supreme Court’s definition of “express advocacy.”
So Ross Miller’s claim that “there is no reasonable interpretation” of our mailers as anything other than express advocacy completely ignores the interpretation of the highest judicial court in the land!
Now let’s put this in a little more perspective.
Again, all we did was communicate factual information to citizens…while fully disclosing exactly which organization was sending the mailers out…and without engaging in “express advocacy.”
That’s free speech, not a crime.
On the other hand, let’s consider some REAL campaign dirty tricks and sleazy campaign shenanigans in just the last year:
In a December 15 story in the Las Vegas Sun, Anjeanette Damon reports that Miller is aggressively raising money even though he won’t be on the ballot in 2012.
Damon notes that “in the world of Nevada politics, a mid-cycle fundraiser for a term-limited elected official who is out of terms is almost always intended to send some kind of message on the next election.
“In Miller’s case, with three years until Election Day 2014, those close to him are putting out the word that he’s got his eye on the attorney general’s office.”
Worse, “Miller is described in political circles as the man who would be governor if the opportunity arises.”
And he clearly isn’t afraid to use his current office to grease his path to higher office.
Democrat activists will be very appreciative of his efforts toderail Republicans and conservatives should Miller face a Democrat primary in 2014 on his next rung up the political ladder.
But back to the lawsuit. In a nutshell, here’s what it’s all about…
Last year, Citizen Outreach sent out a pair of educational mailers simply pointing out that Assemblyman John Oceguera was a double-dipping government employee who had voted for multiple tax hikes.
Every point was true and documented.
And at no time and in no way did we call for the defeat of Assemblyman Oceguera.
In fact, we didn’t even mention his party affiliation or his opponent.
Nevertheless, Miller is suing us – with Attorney General Catherine Cortez-Masto as his taxpayer-funded lawyer.
He’s arguing that the two mailers “constitute express advocacy because there is no reasonable interpretation of these communications other than as an appeal to vote for or against a clearly identified candidate on the ballot.”
Hogwash.
First of all, Nevada law doesn’t even include mailers in its definition of “campaign expenses” or “expenditures.” NRS 294A.004 defines such expenditures as “advertising on television, radio, billboards, posters and in newspapers.”
Mailers are specifically not included - probably because mailing a letter to someone’s home simply is not the same as public advertising. And it is controlled by United States postal regulations, not the Nevada Legislature.
Secondly, that “reasonable interpretation” language wasn’t added to Nevada statutes until this last session - long AFTER these mailers went out. So Miller is trying to find us guilty of an infraction retroactively.
Thirdly, and even more importantly, the United States Supreme Court has already determined what exactly constitutes “express advocacy” – and we’re not guilty of it!
In Buckley v. Valeo – a landmark 1976 Supreme Court ruling – the Court defined “express advocacy” as “communications containing express words of advocacy of election or defeat, such as ‘vote for,’ ‘elect,’ ‘support,’ ‘cast your ballot for,’ ‘Smith for Congress,’ ‘vote against,’ ‘defeat,’ ‘reject.’”
Since that ruling, a series of subsequent rulings have upheld the “magic words” test outlined by the Supreme Court in determining what constitutes “express advocacy.”
And our mailers in no way, shape, form or fashion met the Supreme Court’s definition of “express advocacy.”
So Ross Miller’s claim that “there is no reasonable interpretation” of our mailers as anything other than express advocacy completely ignores the interpretation of the highest judicial court in the land!
Now let’s put this in a little more perspective.
Again, all we did was communicate factual information to citizens…while fully disclosing exactly which organization was sending the mailers out…and without engaging in “express advocacy.”
That’s free speech, not a crime.
On the other hand, let’s consider some REAL campaign dirty tricks and sleazy campaign shenanigans in just the last year:
- Former Assemblyman Moose Arberry was caught taking campaign contributions and depositing them into his own personal bank account.
- Harry Reid’s son, Rory Reid, was caught setting up 91 fakepolitical action committees during his race for governor in 2010 in a naked effort to circumvent Nevada’s contribution limits.
- Sen. Steven Horsford set up a pay-to-play scheme in which large contributions bought private dinners with him and his Democrat leadership colleagues.
- PokerStars, an online gaming company, flew AssemblymanWilliam Horne to London last year to meet with company officials. Shortly thereafter, Horne introduced a PokerStars-friendly bill.
- Sen. Allison Copening introduced seven bills benefiting home owner associations…without disclosing that she worked for one of the largest HOA’s in the state!
- Clark County Commissioner Tom Collins was caught lobbying colleagues on the Regional Transportation Committee on behalf of a bus company that was trying to land a lucrative new contract in Clark County.
- Harry Reid picked up the phone and called the mayor of Henderson to lobby on behalf of one of his sons who applied for a vacant city attorney job - the qualifications for which his son didn’t meet. So the city council changed the qualifications and, lo and behold, Reid’s son was hired!
Compared to all of that - all we did was mail factual information…with our identity fully disclosed…without expressly advocating for the election or defeat of any candidate. And forTHAT, we’re being sued by Ross Miller.
It’s outrageous.
Now…we could probably take the easy way out…admit no guilt…but comply with Miller’s demands…have our wrists slapped…and go on like nothing ever happened.
Yes, that would be the cheap – and probably smart - way to put this whole thing behind us. Negotiate a settlement for a token fine and move on.
Which is exactly what so many doctors and business owners are forced to do every day in settling frivolous lawsuits…even when they’ve done nothing wrong!
But that wouldn’t be right…and it wouldn’t be our style. Especially not with a principle this important at stake.
So after conferring with our attorney, we’ve decided to fight Ross Miller!
But it won’t be cheap…or easy. In fact, it could well end up costing us more than it would if we just paid the full $10,000 worth of fines. So…
Will you help me and Citizen Outreach fight Ross Miller’s attempt to stifle free speech in Nevada?
Will you stand with us in defense of our right to communicate truthful information about government officials?
Will you join us in opposing Ross Miller’s effort to spend us into silence?
Will you kick in $250, $500 or $1,000 for our legal defense efforts?
Or if you can’t afford to send that today, could you send at least $100, $50 or $25?
Yes, we’re controversial.
Yes, we make people mad.
Yes, we rock the boat.
But yes, we stand up for the same things you believe in: free markets, limited government, low taxation.
We’ve obviously incurred the wrath and anger of a very powerful government official who has no qualms with using the power of his office to try to silence us. And in any legal proceeding, there’s always a chance of losing.
But even if we do, we’re going to go down swinging…and Ross Miller will know he’s been in fight.
I know it’s asking a lot this time of year, but with your financial support, we’re gonna get right into Ross Miller’s face.
The only way to beat a bully is to stand up to the bully. And we will.
So, please….click here and make as generous of a contribution as you can to our legal defense efforts today. This is a critical fight to fight…and an even more important fight to win.
Thank you for your consideration and continued support for Citizen Outreach at this time of need. And Happy New Year!
Conservatively yours,
Chuck Muth
President
P.S. We have already paid our attorney a retainer to get started on our defense, but the decision on whether or not to move forward has to be made in the next 72 hours…and that decision depends on whether or not we can raise the remaining funds necessary to pay the balance.
So please, click here and make your most generous $1,000, $500, $250…or whatever amount you can afford TODAY!
Or mail your check or money order to:
Citizen Outreach
3753 Howard Hughes Parkway
Suite 200
Las Vegas, NV 89169
It’s outrageous.
Now…we could probably take the easy way out…admit no guilt…but comply with Miller’s demands…have our wrists slapped…and go on like nothing ever happened.
Yes, that would be the cheap – and probably smart - way to put this whole thing behind us. Negotiate a settlement for a token fine and move on.
Which is exactly what so many doctors and business owners are forced to do every day in settling frivolous lawsuits…even when they’ve done nothing wrong!
But that wouldn’t be right…and it wouldn’t be our style. Especially not with a principle this important at stake.
So after conferring with our attorney, we’ve decided to fight Ross Miller!
But it won’t be cheap…or easy. In fact, it could well end up costing us more than it would if we just paid the full $10,000 worth of fines. So…
Will you help me and Citizen Outreach fight Ross Miller’s attempt to stifle free speech in Nevada?
Will you stand with us in defense of our right to communicate truthful information about government officials?
Will you join us in opposing Ross Miller’s effort to spend us into silence?
Will you kick in $250, $500 or $1,000 for our legal defense efforts?
Or if you can’t afford to send that today, could you send at least $100, $50 or $25?
Yes, we’re controversial.
Yes, we make people mad.
Yes, we rock the boat.
But yes, we stand up for the same things you believe in: free markets, limited government, low taxation.
We’ve obviously incurred the wrath and anger of a very powerful government official who has no qualms with using the power of his office to try to silence us. And in any legal proceeding, there’s always a chance of losing.
But even if we do, we’re going to go down swinging…and Ross Miller will know he’s been in fight.
I know it’s asking a lot this time of year, but with your financial support, we’re gonna get right into Ross Miller’s face.
The only way to beat a bully is to stand up to the bully. And we will.
So, please….click here and make as generous of a contribution as you can to our legal defense efforts today. This is a critical fight to fight…and an even more important fight to win.
Thank you for your consideration and continued support for Citizen Outreach at this time of need. And Happy New Year!
Conservatively yours,
Chuck Muth
President
P.S. We have already paid our attorney a retainer to get started on our defense, but the decision on whether or not to move forward has to be made in the next 72 hours…and that decision depends on whether or not we can raise the remaining funds necessary to pay the balance.
So please, click here and make your most generous $1,000, $500, $250…or whatever amount you can afford TODAY!
Or mail your check or money order to:
Citizen Outreach
3753 Howard Hughes Parkway
Suite 200
Las Vegas, NV 89169
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