NYCLU Responds To NY State Commission On Lobbying

July 18, 2003

July 18, 2003
By Fax and Mail

David M. Grandeau
Executive Director
New York Temporary State Commission on Lobbying
Albany, New York 12223

Re: Coalition for Fairness, Benjamin Chavis and Russell Simmons

Dear Mr. Grandeau:

We write in further response to your letter of July 16 and in response to statements attributed to you by The New York Times in the story it published yesterday. In that story you are quoted as asserting that general advocacy, such as public rallies, constitutes lobbying that comes within the purview of the Commission. And in your July 16 letter, you attach a copy of an e-mail from a member of our staff that had not been sent to the Commission but that apparently was posted on a website of an advocacy organization.

The comments attributed to you and your possession of the e-mail (which does not bear on any lobbying) raise serious questions about the extent to which the Commission may be monitoring political activity of individuals and groups. Though we do not dispute the Commission’s entitlement to inquire into “direct communication” with legislators, we think that the Commission cannot and should not be monitoring the general activity of civil-rights groups or others engaged in traditional advocacy. The state interest that is advanced in support of lobbying registration laws involves providing the public with information as to who is communicating privately with legislators about pending or potential legislation. There is simply no sufficiently weighty interest - - and certainly none that would survive serious constitutional scrutiny - - in imposing regulatory burdens upon individuals and groups that engage in public advocacy. We, therefore, see no justification whatever for monitoring public advocacy by groups and individuals.

Accordingly, we write to inquire about the scope of the Commission’s monitoring of general advocacy activity, such as rallies and other efforts. We are particularly interested in knowing whether the Commission is monitoring public events and websites. To the extent it is, we ask that you provide us with details of this activity and identify what you believe to be the legal basis for such activity.

Sincerely,

Donna Lieberman
Executive Director

Arthur Eisenberg
Legal Director

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