TO APPEAL OR
NOT TO APPEAL, THAT IS THE QUESTION
As
you know, Secretary of State Ross Miller,
the most partisan SoS this state has perhaps ever seen, has been on a jihad
against Citizen Outreach for the last two years in an effort to force us to
disclose to him the identities of our donors despite that fact that we are not
required to do so as an officially recognized IRS issue advocacy organization.
At
issue is a pair of educational mailers we sent out to voters in the fall of 2010
which Miller is attempting to redefine as “express advocacy” by using a
definition from a disputed ruling by the 9th Circuit Court of
Appeals which is in conflict with the definition established by the Supreme
Court of the United States in the landmark Buckley
v. Valeo decision.
Two
things make this particular ruling particularly outrageous…
1.) We never got our day in court! The judge ruled on the lawsuit brought by
Miller without a trial. On an issue as
important as free speech, we were denied an opportunity to plead our case in
court!
2.) The definition of “express advocacy” being
used by Miller and upheld by the judge wasn’t put into Nevada law until
2011…almost a year AFTER the mailers were sent out. So we’re being prosecuted retroactively!
The
question now is: Do we continue this fight and file an appeal with the Nevada Supreme
Court? Here’s the thing:
The
legal fees to file the appeal could easily run more than double or triple what
the $10,000 fine itself is!
And
that doesn’t even include the liability we could incur to pay the legal bills
for the taxpayer-funded state lawyers who are freaking suing us!
THAT,
folks, is the true chilling effect on free speech. And if I had any sense at all I’d just cut my
losses, pay the fine, and be done with it.
But to hell with that!
We
may still lose, but a principle as important as free speech is worth defending.
If we go down, we’re not going down
without a fight.
So
our decision is that this decision will be appealed. Stay tuned…
SURPRISE SPECIAL GUEST AT FIRST
FRIDAY HAPPY HOUR TONIGHT!
Our 4th
anniversary First Friday Happy Hour is tonight, August 2nd from 5-7
pm at Bahama Breeze in Las Vegas. I’m
told that Colorado Secretary of State Scott
Gessler, the highest ranking statewide Republican in Colorado - who is
planning to run for governor next year and is polling neck-and-neck against the
incumbent Democrat – is in town and will join us tonight.
Also,
come honor the recipients of this year’s Conservative of the
Year
awards…
2013
Conservative of the Year: Geoff Lawrence
Courage
Under Fire Award: Amanda Collins
Unsung
Hero Award: Linda Barnett
Grassroots
Organization of the Year: Nevada
Firearms Coalition
Rathead
in a Coke Bottle Award: Sen. “Moderate
Mike” Roberson
And
don’t forget, the first 100 people through the door get a free drink courtesy
of John Burnett of Las Vegas Jewelry
and Coin Buyers!
THE YUCCA MOUNTAIN GOLD
MINE
For
years, Sen. Harry Reid and other
anti-Yucca mountain Chicken Littles have told us that there’s never been any
offer of any substantial benefits – similar to the dough Alaskans get for
hosting the Alaska oil pipeline – in exchange for hosting the nation’s nuclear
waste repository.
That
claim is simply not true, as an actual Senate bill outlining VERY
specific potential benefits was drafted a few years ago which ultimately was
deep-sixed by Reid. But that doesn’t mean the offer wasn’t on the table.
And now
the “no benefits” fiction is even less true.
Rep.
John Shimkus (R-IL) noted on
Wednesday that it would cost taxpayers an estimated $5.6 billion to search for
a new site and suggested that money might be better spent giving it to Nevada if Nevada would drop its opposition to Yucca.
$5.6
BILLION? Man, that’d buy a busload of
school textbooks, wouldn’t it?!!!
And
that’s just the opening bid.
Shimkus
also said he was “tired” of claims that everyone in Nevada is opposed to Yucca
Mountain…which also isn’t true and never has been.
“There
is a strong group of Nevadans who want this (project),” the congressman
said. “Hence going back to this $5.6
billion we would put on the table to help convince maybe the others.”
So
the next time you hear some liberal say that “everything has to be on the
table,” including tax hikes, ask him or her if “everything” includes Yucca
Mountain. ‘Cause if Yucca’s not on the
table, then tax hikes shouldn’t be either.
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