Free Speech is still at risk. At the last few meetings TUF has pointed out enough legal problems with the proposed ordinance that the council has delayed voting on it until it can be rewritten. One legal issue that concerned us was that the ordinance attempted to allow more freedoms to charitable signs than to political signs. If this were passed the township would be favoring one kind of speech over another. This is of course a dangerous precedent and one that would not stand against a 1st amendment lawsuit.

In all truth we don't know if it was our words that influenced the council or the Township Attorney's opinions, but clearly we pointed out these problems and he did not argue with any of them. In fact he brought up the same issues himself only pointing out that he disagreed with the XIV amendment reference. Below are links to the intended presentations by TUF's director Phillip Kramer at council meetings. Time limitations forced minor last minute alterations to what is published here.

What is curious to us is that with all the apparent resentment of signs by the Township government, a sign advertising a commercial venture (the Farmers' Market) is posted on the grounds of the municipal building. We are NOT opposed to the Farmers' Market but we are opposed to a government allowing some to speak and not others. (Update 8/3/04 - After this was posted and after at least three complaints from the public, including one from TUF, the Farmers' Market sign was taken down. We estimate that it was posted on Township property for about a month.)

What's next? The ordinance will likely be rewritten. It is scheduled to be presented again on June 24th but it is our estimate that it will not actually come up again until July. We will keep you posted.

Once again TUF is drawn from the issue of taxes to defend the basic freedom of speech. As you may recall during the 2003 election campaign the township chose to use taxpayers' money to tear down political signs. Candidate and TUF founder Chip Hoever filed suit against the township for the right to post signs. Director of TUF, Phillip Kramer, was a supporting witness in the action. Superior Court Judge Harriet Derman intervened and allowed the signs to be posted with certain restrictions (the most significant restriction being signs are not allowed on township owned land or open space - and we even support that limitation).

We thought the matter was settled. We were wrong. At the May 4th Township Council meeting we learned that the township will once again move to stifle the basic freedom of speech. Under the new ordinance not only will political signs (once exempt) no longer be allowed in the public right of way but even garage sales signs and lost animal signs will be extremely limited and may be torn down and subject to a fine. While signs for charities have few limits political signs are specific targeted with limiting language.

Let's briefly examine the township's record over the past year on first amendment rights issues. We've already mentioned the tearing down of signs, the resulting lawsuit and the resulting victory for free speech. Then there were a few incidents of Township officials attempting to intimidate citizens from speaking out. More recently the Council considered passing a rule that would severely curtail public speaking time at meetings. Only a public out cry stopped them. Council members have even used the time during the meeting when citizen are not allowed to speak to criticize those same citizens. Now we are back to signs.

TUF fully understands the trade off between two issues. One is civic beauty the other is freedom of speech. TUF also understands that its signs are, perhaps, not pretty, but we need to get attention. We even realize that we displayed a very large number of signs. That was simply because the signs were being taken down with in hours (sometimes minutes) of being posted thus we need them to make an impact in a very short amount of time. But this is free speech. The signs were out for about three months. It can take years to undo the harm cause by an unchecked government.

Most people will agree that public involvement in government is vital to our freedom. We all know that Thomas Jefferson warned us that the price of freedom is eternal vigilance. But a single person is powerless to stand up against the massive financial and legal authority of government. Therefore it is only when people combine and present themselves in large numbers that an idea has a chance to win. For that to happen then ideas must be advertised. There are several ways to do that, television, radio newspaper ads, direct mail and signs. Clearly most of these options are cost prohibitive. Even a simple mailing limited to every registered voter would cost about $1,700 in postage alone. As a comparison that price far exceeds TUF's total expenditures since it's inception. Posting signs with the help of a few volunteers cost only a small fraction of that amount.

Thus by enacting this ordinance the Township is saying "You have freedom of speech only if you have money." Please note:

• In the last election one party spent over $120,000 as opposed to the other's $20,000 and an independent who spent a fraction of that.
• Virtually all of the $120,000 came from the county political organization and much of their money comes from out of the county and even out of state. Even the law firm of our appointed township attorney made a significant contribution to their effort.
• This limitation would virtually eliminate the ability of anyone to run for office as an "independent" unless they have deep pockets like Steve Forbes or John Corzine.
• Last year the council failed to pass ordnance that would have prevented the huge donations that funded that amount of spending.
• Most of those that ran as members of the party with the $120,000 are now on the council and writing the rules.
• Many of those members of the council failed to file their financial reports in a timely manner and when they did, they didn't account for all of the funds given to them by the county organization.

What frightens us is the appearance that those in power are using their power in such to stay in power. Perhaps that isn't their intention but their actions will have that effect. They are taking away the ability to compete with them unless you have large amounts of money. That means only someone rich can run or someone that has large received large contributions. And large contributions means influence.

The revised ordinance severely limits free speech and gives excessive power to the township manager with little to no scrutiny. More than 200 years age citizens of Franklin fought and gave their lives for the principal of free speech. That fight was against the British. Now it appears that we most protect ourselves from our own.

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