Letter: Disclosure laws unconstitutional

Wednesday, Aug. 21, 2002 | 9:08 a.m.

Regarding the Sun's Aug. 16 editorial, "Party should adhere to disclosure laws": As member of, and a state Assembly candidate for, the Independent American Party, I felt compelled to respond to the editorial about state laws that require candidates to fill out financial disclosure statements and campaign contribution reports.

Your editorial seemed to overlook a really serious contention. That being that the disclosure laws in question are unconstitutional. I realize that in post-9/11 America, most people aren't as concerned with silly things like constitutions as they are with hunting down terrorists at all costs. However, the fact remains that laws repugnant to the state or federal constitution are null and void. It doesn't matter what the law is for or what the intent is.

The bottom line is that Fifth Amendment rights still stand in the case of possible civil prosecution. I have a right not to testify against myself, and therefore am not bound by these disclosure laws. (See Lefkowitz v. Turley, 1973.) Furthermore, those who don't file are fined without a trial or jury. It's done at the whim of a bureaucrat. If you want to make that sort of thing legal, repeal the Fourth, Fifth and Sixth Amendments so local government can be even tougher on corporations, criminals, terrorists and even little old me.

We've beaten these bureaucrats in court before (that's why Social Security numbers are no longer required to vote) and we'll do it again. You should worry less about my filing reports and more about whether the government follows its own procedures. It is the Constitution that discourages political corruption, not disclosure laws that are in direct opposition to it.

Maybe when it's freedom of the press in question, instead of privacy, you'll understand.

JOSHUA HANSEN Editor's note: The writer is an Independent American Party candidate for a state Assembly seat.