Editorial: State Senate should back free speech

Thursday, Feb. 18, 1999 | 12:07 p.m.

The Assembly voted 40-0 Monday to repeal a law that gives the Ethics Commission the power to fine candidates who make false or misleading statements against their opponents during a political campaign. Now the bill heads to the Senate where, unfortunately, it could meet its demise.

That's because Senate Majority Leader Bill Raggio, R-Reno, who was instrumental in creating the campaign policing law in 1997, does not want to get rid of the Ethics Commission's expanded powers. Raggio told the Sun's Cy Ryan that he would be willing to listen to arguments for repealing the law if someone finds a way to control dirty campaigning. However, he said, nobody has made any suggestions so far. Translation: The Assembly bill is going nowhere.

But contrary to what Raggio believes, there are remedies already in place for those who are aggrieved, including filing a slander or libel lawsuit against an opponent. Some might argue that it's difficult to win a judgment because of First Amendment issues, but that's just the point. The First Amendment is supposed to spur debate on issues, and sometimes allowing a wide-open debate results in politicians making inaccurate comments.

No one condones hateful rhetoric or misleading statements in an election year, but the remedy -- having the Ethics Commission police campaigns -- is worse than the ill itself. Putting a lid on free-wheeling debate may chill all types of expression.

The only reason this became law in the first place in 1997 was that the Senate insisted a campaign policing provision be inserted into an omnibus campaign reform bill the Assembly had backed. Rather than killing the entire bill, the Assembly held its nose and reluctantly agreed to the Senate's demand. Unfortunately the Assembly's concession has resulted in an Ethics Commission that is levying $5,000 and $10,000 fines on candidates.

Raggio is the master of the endgame in Nevada politics, knowing how to bottle up legislation in order to get concessions for other measures he wants. But the Senate should give this legislation a fair hearing and an up-or-down vote. Attempts to package it with other legislation should be shot down. It's time for the Senate to join with the Assembly and get rid of this law that hampers free speech.