Conscious Choice: Election Campaign Laws Threaten Freedom of the (Freelance) Press

August 2004

Election Campaign Laws Threaten Freedom of the (Freelance) Press

by Nicholas Skala

When independent video producer Howie Samuelsohn set out to put together a documentary about the candidates running for mayor of his town, Highland Park, he admits he intended to spark a lively debate.

“What I’m trying to do is to create democracy, to get people to talk,” Samuelsohn said. Instead, he now could face prosecution in relation to a video he produced about the April, 2003, Highland Park mayoral elections. He will learn his fate on Aug. 27 when the Illinois Board of Elections is expected to decide his case. The meeting, at the James R. Thompson Center, 100 West Randolph St., will be open to the public.

A hearing officer for the board is reviewing arguments presented at a June 23 hearing when Samuelsohn appeared before the state elections board to defend himself against charges that his documentary amounted to an in-kind campaign contribution to City Councilman Steve Mandel who ran unsuccessfully against fellow Councilman Michael Belsky for the office of mayor. Election authorities are deciding if Samuelsohn’s refusal to report the video as a campaign contribution is a crime that could lead to a punishment of up to six months in jail and a $5,000 fine.

“It is our duty to uphold the campaign disclosure laws that exist,” said Steve Sandvoss, the attorney for the state board of elections. “If we fail to prosecute Mr. Samuelsohn’s case, the danger is that the laws could become meaningless.”

The case has come to illustrate how new interpretations of 1998 state campaign disclosure laws have the potential to stifle independent journalism and threaten free speech First Amendment rights. If the board rules against Samuelsohn the consequences for independent political journalism could be “very negative,” said Samuelsohn’s attorney, Rick Halprin. Independent reporters could be forced to identify their work as partisan propaganda and file each piece with election authorities under threat of prosecution, he said.

Designed to promote financial disclosure of candidates running for office and discourage wealthy interests from being able to influence the outcome of elections, campaign finance laws require that individuals who donate cash or labor to a political campaign file the contribution with the state election board.

“Our goal is to make the political system more transparent, so voters can make informed decisions,” said Sandvoss. “If the governor has gotten a million dollars from R.J. Reynolds Tobacco, it’s important for the public to know that.”

Central to the case is a hazy area of election law that governs who can publish editorial opinions on elections and candidates. Although exemptions are made for newspapers, radio and television stations, it is unclear how broadly these exemptions apply to independent journalists.

“The State Board of Elections isn’t regarded as an aggressive agency in terms of going after people, but they’re serious about disclosure,” said Dan Johnson-Weinberger, an election lawyer and Executive Director of the Midwest Democracy Center in Chicago.

“As far as whether the exemptions apply to independent journalists, I don’t know, but it could be the subject of some interesting litigation.”

This latest twist is a novel one to Samuelsohn, who is no stranger to controversy. He gained a reputation as a guerilla journalist in the early 1970s when he was responsible for producing Chicago’s Underground News television program, that among other things, decried the U.S. involvement in the Vietnam war and featured guests such as John Lennon and Jane Fonda.

More recently his targets have included issues ranging from efforts to cull deer in the north suburbs to problems with the local garbage company’s recycling services. But while those in front of Samuelsohn’s lens didn’t always appreciate the coverage they received, none ever claimed that his reporting was a crime.

Based on arguments presented at the June meeting, the hearing officer will make a recommendation to the full election board at its August meeting. Once the recommendation is made, the board may choose to drop the case or force Samuelsohn to comply. If he refuses, he could be fined up to $5,000 and/or charged criminally, according to Illinois state statutes.

Samuelsohn’s documentary first came to the attention of the board during the 2003 Highland Park mayoral elections between Mandel and Belsky after both candidates appeared on local public television: Belsky on a show called “Cooper’s Corner,” and Mandel on Samuelsohn’s “Earth Network” program. Following the broadcast, Samuelsohn produced about 100 copies of his videotapes and distributed them free at local businesses, along with a note reminding viewers to vote.

Belsky went on to win an overwhelming victory. Samuelsohn thought that was the end of the matter, until he began receiving letters from the board of elections demanding he disclose his documentary as a campaign contribution to Mandel. In November, after he refused, Samuelsohn was ordered in front of the hearing officer.

“This case could cost an individual thousands of dollars to resolve,” Samuelsohn said. “If small, independent journalists have the threat of prosecution hanging over them, do you think they’ll ever pick up a camera again?”

Nicholas Skala is a Chicago-based freelancer who writes about social affairs and politics.

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