By Eric Wang
For both policy and administrative reasons, most laws must set thresholds below which they do not apply. If every time someone acting below a regulated threshold prompts someone else to advocate lowering the threshold, the law’s scope will constantly expand until everything is regulated. This is both socially undesirable and practically untenable.
Indeed, we see this ill-advised trend in proposals to expand the federal and state lobbying laws, and many of which states have implemented. Last year the New York State Joint Commission on Public Ethics decided to regulate certain public relations consultants as lobbyists. After a wave of protest and litigation, brought in part by the Center for Competitive Politics on behalf of PR firms, the state legislature acted to reign in JCOPE’s overreach…
Many state and municipal lobbying laws and regulatory agencies also purport to impose no minimum threshold for lobbyist registration. In Missouri, the Center for Competitive Politics is representing Ronald Calzone, a concerned citizen who merely shared his views on proposed legislation with state legislators, against the Missouri Ethics Commission’s charges that he failed to register as a lobbyist.