EDITORIAL BOARD
EDITORIAL: Mayor's ethics complaint threatens free speech rights
Just what does the city of Albuquerque plan to do with Paul Gessing? Place him under hot lights and give him the third-degree with long and harsh questioning intended to extract a confession? Fine his nonprofit think tank $500 a day into oblivion? Waterboard him?
We jest somewhat, but using the full weight of city government to obtain confidential information from a private citizen is no laughing matter.
Daymon Ely, lawyer for Mayor Tim Keller鈥檚 campaign, filed a complaint Dec. 5 with the City Clerk鈥檚 Office seeking to compel Gessing to reveal who passed out dozens of 鈥淚 鉂わ笍 Tim Keller鈥 hoodies to people at a local smoke shop on East Central in late November, just as early voting was getting underway for the Dec. 9 runoff election between Keller and challenger Darren White.
鈥淚 am asking you to open an investigation into who is behind a disgraceful, cruel, and unlawful political stunt that took advantage of our most vulnerable citizens 鈥 the homeless,鈥 Ely wrote. 鈥淢r. Gessing is being named in this complaint because he has told the news media that he has direct knowledge of the person or persons who have committed these unlawful acts but he has, so far, refused to reveal their identities.鈥
Gessing has publicly stated he believes the person who sent him digital photos of people wearing the bright yellow hoodies also distributed them, but he told the Editorial Board Tuesday he had nothing more to do with it.
鈥淚 don鈥檛 have any idea who paid for it or who physically distributed them,鈥 he said.
White鈥檚 campaign denied allegations of his supporters鈥 involvement made by the Keller campaign, while the Republican Party of New Mexico accused Keller鈥檚 campaign of being behind hoodie-gate.
Ely, a former state representative for Bernalillo and Sandoval counties, asserts the hoodie donations are a 鈥渄irect violation鈥 of the City Charter regarding the reporting of political contributions and expenditures exceeding $250. His written complaint misquotes the hoodies as saying 鈥淚 Love Mayor Keller,鈥 when they don鈥檛 mention the word 鈥渕ayor,鈥 and misspells Gessing鈥檚 comments on local TV describing the stunt as 鈥済orilla (sic) marketing or gorilla (sic) campaign tactics.鈥
Gessing, president of the Libertarian-leaning Rio Grande Foundation based in Albuquerque, makes a pretty compelling argument that he鈥檚 a journalist, noting Google labels his 鈥淓rrors of Enchantment鈥 blog as a news service. He also notes the complaint he received on Monday from the City Clerk鈥檚 Office makes no mention about the next step in the process, and that the complaint hangs over him like a Sword of Damocles, potentially forcing him to obtain legal counsel to protect the identity of his sources.
鈥淚鈥檓 pretty sure there鈥檚 some in-person process,鈥 he surmises. 鈥淚 don鈥檛 understand. What do they want me to do? It鈥檚 all very vague and threatening and unclear. I think it鈥檚 much more than an intimidation tool. I think it鈥檚 an attempt at bullying and an inappropriate use of power.鈥
We agree. Compelling a private citizen and political blogger to divulge his sources is absolutely inappropriate.
According to the City Charter, those who spend more than $250 to influence an election must register with the clerk鈥檚 office and publicly list their donors unless the group is an advocacy nonprofit, classified as a 501(c)(4).
However, the city has provided no evidence that Gessing was involved, other than his acknowledged receipt of the photos.
鈥淢r. Gessing has refused to reveal the person(s) behind the activity because they 鈥榙on鈥檛 want to be made public,鈥欌 Ely closed in his complaint. 鈥淏ut, if this stays in the shadows, it will make a mockery of the Election Code.鈥
The mayor鈥檚 heavy-handed legal effort to out the source of a political blogger is a mockery of the First Amendment. Moreover, it鈥檚 unclear how much authority the city鈥檚 Board of Ethics has to compel testimony from a private citizen or to regulate anything other than candidates, their campaigns and so-called Measure Finance Committees comprised of people acting in conjunction to elect or defeat a candidate.
Going after a prominent blogger to divulge his sources, and threatening him with a public reprimand or $500 fines for each alleged violation of the city鈥檚 election code, is a direct assault on the First Amendment, free speech and journalism.
Keller should drop his petulant complaint and refocus his efforts on his third term rather than trying to chill the free speech of others simply because he got embarrassed and his feelings got hurt.
This editorial was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.