Isabella Carter
Political campaigns have been mistaken for solicitation, especially when it comes to door-to-door canvassing. However, canvassing has been distinguished as different from commercial solicitation by law and is protected by the First Amendment. Political campaign-related autodialed or pre-recorded voice calls, including autodialed live calls, autodialed texts, and pre-recorded voice messages, are prohibited without the called party's prior express consent. In the context of the City of San Diego's Ethics Ordinance, solicitation refers to asking a person for a contribution to a political campaign. This includes the transfer of money, loan or forgiveness of a loan, promise to pay, and more.
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What You'll Learn
- Political canvassing laws distinguish between commercial solicitation and political canvassing
- Political canvassing is protected by the First Amendment
- Political campaign robocalls and robotexts are exempt from the National Do Not Call Registry but must follow Telephone Consumer Protection Act rules
- City employees are protected from being pressured to contribute to political campaigns
- Political campaign communications must include a disclaimer
Political canvassing laws distinguish between commercial solicitation and political canvassing
Political canvassing is generally not considered soliciting. Political canvassing is a form of non-commercial speech, and by federal law, it is not classified as commercial soliciting. The First Amendment protects non-commercial speech, including political canvassing. However, some cities may consider political canvassers as solicitors and impose restrictions. For example, California, Kansas, and Louisiana include political canvassers in their list of "No solicitors."
Political canvassers are legally permitted to knock on doors, interact with voters, and distribute literature without a "solicitor's permit." They can also enter private property with no obvious signs until they are asked to leave. It is important to note that political canvassing is not considered trespassing, as it is protected by the right to free speech. However, if a property has ""No canvassers" or "No Trespassing" signs, canvassers do not have the right to knock on those doors. Additionally, canvassers must respect homeowners' privacy and canvass at appropriate times, typically between 9 am and 9 pm.
While political canvassing is generally allowed, there are some exceptions and restrictions to be aware of. For instance, in Phoenix, a person of colour with a significant developmental disability was detained by the police for "soliciting" in a neighbourhood that restricted salespersons. This incident highlights the importance of understanding the local laws and regulations regarding political canvassing. In this case, the police officer mistakenly believed that the canvasser needed additional identification to solicit, which is not a legal requirement.
To ensure a safe and compliant canvassing process, it is crucial for campaign managers and volunteers to be aware of the relevant national, state, and local laws surrounding political canvassing. While canvassing is a legal right, it must be exercised within the boundaries set by applicable laws and guidelines. By understanding and abiding by these laws, political campaigns can effectively mobilize volunteers, interact with supporters, and secure votes without violating any rights.
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Political canvassing is protected by the First Amendment
Political canvassing is a form of political speech that is protected by the First Amendment. The First Amendment to the U.S. Constitution states that "Congress shall make no law...abridging the freedom of speech...". This limitation on Congress extends to government action of any type and at any level, thereby protecting the right to free speech by prohibiting government action that restricts this right.
In 1938, the U.S. Supreme Court ruled in Lovell vs. the City of Griffin, Georgia, that requiring a permit to distribute "circulars, handbooks, advertising, or literature of any kind" violated freedom of speech and freedom of the press. This set a precedent for broadly allowing canvassing and the distribution of flyers, declaring it a form of protected speech.
Despite this, there have been instances where political canvassers have been mistaken for solicitors and have faced restrictions. For example, in 2018, a person of colour canvassing for Garrick McFadden in Phoenix was detained by the police for "soliciting" in a neighbourhood that restricted salespersons. Additionally, some towns, such as Yorktown, Illinois, have implemented time, place, and manner restrictions on soliciting, which apply to noncommercial canvassing.
However, courts have generally upheld the protection of political canvassing under the First Amendment. In the case of Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, the Court invalidated an ordinance that criminalized door-to-door advocacy without a permit, recognizing that it infringed upon First Amendment rights to free speech and freedom of religion. Similarly, in Citizens Action Coalition of Indiana vs. the Town of Yorktown, Indiana, Judge Richard Young ruled that ordinances requiring permits for canvassing infringe on individuals' First Amendment rights.
In summary, political canvassing is protected by the First Amendment as a form of political speech and freedom of the press. While there may be some restrictions on the time, place, and manner of canvassing, courts have generally upheld the right to engage in political canvassing, recognizing its importance in the democratic process.
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Political campaign robocalls and robotexts are exempt from the National Do Not Call Registry but must follow Telephone Consumer Protection Act rules
Political campaigns often use robocalls and robotexts to reach out to voters. While these are exempt from the National Do Not Call Registry, they must comply with the Telephone Consumer Protection Act (TCPA). The TCPA was passed in 1991 to protect consumers' telephone privacy from unwanted marketing calls, texts, and faxes. Over the years, amendments have been made to address changes in technology and expand consumer protections.
The TCPA contains specific rules for political campaign robocalls and robotexts. In general, prior express consent is required for autodialed or prerecorded voice calls or texts to mobile phones. Political campaigns are permitted to make robocalls to landlines without prior consent, but these calls are limited to no more than three calls within any consecutive 30-day period. It is important to note that for calls and texts that do require consent, the caller must honor the called party's request to revoke consent at any time and in any reasonable manner, such as replying "stop" or asking not to be called again.
The National Do Not Call Registry is a list that tells registered telemarketers what numbers not to call, but it does not block calls. It is designed to stop unwanted sales calls from legitimate companies that follow the law. While political campaign robocalls and robotexts are exempt from this registry, they are still subject to the rules outlined in the TCPA.
Political canvassing, which involves direct outreach to voters, is often distinguished from commercial solicitation by law. However, there may be local laws and regulations that restrict canvassing in certain areas or by certain groups. For example, some states, such as California, Kansas, and Louisiana, include political canvassers in their "No Solicitors" lists. It is important for campaign volunteers to be aware of the laws and regulations in their area to ensure they are complying with any restrictions on canvassing activities.
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City employees are protected from being pressured to contribute to political campaigns
Political canvassing is often mistaken for soliciting. However, the two are distinguished as different by law. Political canvassing laws protect volunteers and enable political candidates to have a grassroots mobilisation campaign without violating any rights.
In the context of the City of San Diego, the Ethics Ordinance defines "solicitation" as the practice of asking a person for a contribution to a political campaign. A "contribution" can be in the form of money, loans, the promise to pay, debt forgiveness, expenditures made at the request of a candidate, or the purchase of tickets for fundraising events.
The City of San Diego's Ethics Ordinance prohibits the solicitation of city employees for political campaigns. This prohibition is designed to prevent city employees from being pressured to give money to a candidate or measure they do not support. When such pressure comes from a supervisor or colleague, there is a potential threat of retaliation. The City of San Diego has determined that, in this case, the right to political activity is outweighed by a city employee's right to be free from undue pressure to financially support a political campaign.
The prohibition on solicitation applies to all city officials and candidates for elective office of the city. It also applies regardless of whether the city employee is at work or not. However, this restriction only pertains to the solicitation of campaign contributions and does not restrict the right to receive contributions from city employees who wish to support a campaign. Additionally, the prohibition only applies to solicitations made to city employees and not to members of city boards, commissions, task forces, or advisory bodies.
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Political campaign communications must include a disclaimer
Political canvassing and campaigning are often mistaken for soliciting. However, canvassing is distinguished from commercial solicitation by law. Despite this, volunteers can be restricted from canvassing in areas where "noncommercial advocates" are included in the list of "No Peddlers or No Solicitors" by a town council. This is the case in California, Kansas, and Louisiana.
Political campaign communications, especially those concerning fundraising, must include a disclaimer. This is to ensure compliance with regulations and to inform recipients of the source of the communication. The Federal Election Commission (FEC) outlines specific requirements for different types of communications, such as those sent by electronic mail or made available to the public on websites.
For example, if a candidate or campaign authorizes and finances a covered communication, the notice must state that it was paid for by the authorized committee. If the communication is authorized by the candidate but paid for by an external entity, such as a political action committee, the notice must identify the payer and state that it was authorized by the candidate.
Additionally, communications paid for by an individual, group, or organization, but not authorized by a candidate or campaign, must contain a disclaimer notice. This notice should identify the payer, indicate whether any candidate or committee authorized the communication, and provide contact information, such as a permanent street address, telephone number, or website address.
Further requirements are specified for radio and television communications, or any broadcast, cable, or satellite transmission. In these cases, the candidate must deliver an audio statement identifying themselves and approving the communication. For television ads, this can be done through a full-screen visual statement or a voiceover with the candidate's image occupying at least 80% of the vertical screen height.
It is important to note that these regulations help protect volunteers and ensure that political campaigns are conducted within legal boundaries.
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Frequently asked questions
Political campaigns can involve solicitation, but not all political campaigning is solicitation. Political canvassing, for example, is distinguished as different from commercial solicitation by law and is protected by the First Amendment as a form of political speech. However, solicitation laws vary by state and city, and some states include political canvassers in their list of "No solicitors".
Solicitation is the practice of asking a person for a contribution to a political campaign. A "contribution" can include any transfer of money, any loan or promise to pay, any forgiveness of debt, and more.
Yes, there are rules around how political campaigns can contact you, especially when it comes to robocalls and robotexts. Political campaign-related autodialed or pre-recorded voice calls and texts are prohibited to cell phones and other mobile devices without your prior express consent. However, political robocalls to landlines are allowed without prior consent, though there is a limit of three calls within any consecutive 30-day period.
