GOVERNMENT ADVERTISING

Can anyone refresh my memory re: laws or cases having to do with quashing Public Agencies or Governments from using public money to run advertisements pushing their programs on ballot questions?



We have a case here in Texas of a local agency using public money to push for a light rail project on the ballot this November. I'd like to sue them, get an injunction, and stop their ads (TV commercials mostly).



I cannot for the life of me remember if it was on this web site that I recently saw something about these type suits being brought against government agencies.

RE-POST. I posted the above in the wee hours and I suspect that no one saw it. One of the downsides of posting late.

RE-POST. Ditto on this one.

[Jerseee]

new to me.

[suijuris]

You should check out the the Badnarik site - the LP recenty filed for injunction in a state for a similar issue, the use of public funds to sponser select parties/agendas. I believe the court hearing was this morning but I have not heard a update yet.



More details on the lawsuit here

[scottinalaska]

I am getting so many pollsters calling. Eventually they ask who I am voting for for President. I tell them Badnarik. They say, "who?" I say the Libertarian candidate. They say, "what's that?" I say, "You're just watching the debates, right?" They say, "of course!" I say, "Keep watching, but pay no attention to the man behind the curtain." They say, "What curtain?"

Arrrggh.

The govt does advertise, just what they want us focussed on. I wish this suit would make the news. The media desperately wants a close race. That is news. A landslide is not. So, their polls will keep things close no matter what the reality. How about Badnarik's site gettting more hits than Bush and Kerry? "Pay no attention..."

s

Here is the Texas statute. I suspect every state has a similar one.



§ 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL

ADVERTISING[0]. (a) An officer or employee of a political

subdivision may not spend or authorize the spending of public funds

for political advertising[0].

(b) This section does not apply to a communication that

factually describes the purposes of a measure if the communication

does not advocate passage or defeat of the measure.

(c) A person who violates this section commits an offense.

An offense under this section is a Class A misdemeanor.



Amended by Acts 1987, 70th Leg., ch. 899, § 1, eff. Sept. 1,

1987.



The way that these types of statutes are usually interpreted/applied is that a political subdivision may advertise a service it offers but only after the service is in place. It cannot use public funds to stear people in any way toward voting or otherwise supporting the passage of the service, which in the case of a local agency here in Texas, their so called "factual" TV commercials absolutely do.



Have fun with it.