There’s a peculiar sidebar to the legal battle that has pitted Attorney General Gary King against New Mexico’s nonprofit organizations. You know, that’s the one in which U.S. Tenth Circuit Court recently ruled in favor of two of the nonprofits – the Southwest Organizing Project (SWOP) and New Mexico Youth Organized (NMYO) .
In a recent Albuquerque Journal op ed, Sara Berger, the attorney for the two nonprofits, explained the outcome of the case:
The Tenth Circuit Court’s ruling was a decisive and unambiguous decision — one that affirms the right of free speech for all nonprofits.
For the two groups involved in the lawsuit, the Tenth Circuit’s decision was a total vindication — and a firm rebuke to critics who publicly doubted any nonprofit organizations’ right to hold public officials accountable and to advocate for those they serve.
What constitutes political campaign intervention?
Heath Haussamen of NMPolitics.net also devoted an in-depth piece to the facts and issues in the 10th Circuit’s decision. In addition, he examined the specific activities that had prompted the allegations against SWOP and NMYO, and contrasted these to what another New Mexico nonprofit, the Rio Grande Foundation (RGF), has been doing.
The Center for Civic Policy is disappointed that New Mexico Attorney General Gary King has chosen to appeal the recent decision by United States District Court Judge Judith Herrera in favor of New Mexico Youth Organized (NMYO) and the Southwest Organizing Project (SWOP).
“It’s unfortunate Attorney General Gary King – the top attorney in the state – refuses to acknowledge that the First Amendment applies the same in New Mexico as it does in the other forty-nine states,” said Matt Brix, policy director for the Center for Civic Policy – which sponsors NMYO. “Attorney General King’s actions spell trouble for all New Mexicans who care about free speech.”
King’s decision will needlessly cost the taxpayers of New Mexico, said George Lujan, communications director for SWOP.
“The Attorney General’s actions also spell trouble for all New Mexico taxpayers who are concerned about the waste of literally hundreds of thousands of additional dollars on irresponsible and pointless litigation,” said Lujan.
In her decision two weeks ago, Judge Herrera carefully explained why criticism of elected officials is not something that government can regulate, except in the narrow circumstance when the criticism occurs near an election and is accompanied by a plea to vote for or against a candidate.
It is dismaying that Attorney General King has chosen to ignore Judge Herrera’s decisive ruling on First Amendment rights and will instead subject taxpayers to more expensive and unnecessary litigation.