MPP and Institute for Justice Fight for Free Speech in Alabama

Sep 06, 2016 Alabama, Arlington, District of Columbia, first amendment, IJ, Institute for Justice, Maggie Ellinger-Locke, Montgomery, Paul Sherman, Washington


Recently when attempting to lobby for marijuana policy reform in Alabama, MPP legislative counsel Maggie Ellinger-Locke discovered that she would have to travel to the Yellowhammer State and take an ethics class before she could speak with any lawmakers on the subject. This is a clear violation of free speech, and Institute for Justice is helping us fight back.IJ logo

Alabama Today reports:

Virginia-based public interest law firm Institute for Justice filed a new federal lawsuit on behalf of Maggie Ellinger-Locke and the Marijuana Policy Project (MPP).

At issue is an Alabama law requiring all registered lobbyists to attend an ethics class offered only four times a year and in only one place – Montgomery.

...

Part of Ellinger-Locke’s job, says IJ Senior Attorney Paul Sherman in a recent op-ed, is to talk with legislators and government officials in nearly a dozen states on ways to make marijuana policy “more just, sensible and humane.”

“Unfortunately for her,” Sherman writes, “all lobbyists in Alabama are required to take an in-person ethics class.” The problem is, Ellinger-Locke lives in Arlington, Virginia and works at the MPP headquarters in Washington DC.

Sherman also points out that mayors, city and county council members, as well as members of local boards of education, are each required to take similar training – a program that could easily be offered online.

Nevertheless, Sherman adds that such a requirement is not only bad public policy but also unconstitutional. That is why IJ filed a First Amendment challenge in federal court.

“If a person wants to talk to an elected official about a matter of public policy,” Sherman concludes, “they shouldn’t have to take a government-mandated class. Instead, the only thing they should need is an opinion.”

We will post updates as they happen.