If We Make Politics Criminal,

If We Make Politics Criminal, Only Criminals... - DJ Tice writes about the growing "criminalization" of many simple poliical activities.

Consider the case of St. Paul's Greg Copeland ...Copeland stands indicted by a Ramsey County Grand Jury for a gross misdemeanor. His alleged "crime" is that he made an innaccurate political claim when he called himself "the only pro-life candidate" in an election field. Copeland's plight has received almost no public attention. He is due to appear in court next week.

Unusual as it is, Copeland's prosecution seems of a piece with a strange and increasing modern intolerance of politics and a widespread eagerness to run to court with election disputes. To wit:

• Gov.-elect Tim Pawlenty was fined the past campaign for (horrors!) cooperating with the political party that nominated him.

• Taking their cuefrom the 2000 presidential election, which triggered an historic courtroom war, national Democratic Party leaders boasted repeatedly this year that they had 10,000 lawyers at the ready to file election challenges across the country. (Blessedly, little came of this.)

• Sweeping restrictions on political expression — called "campaign finance reform" — took effect last month. Their doubtful constitutionality will immediately be tested at the Supreme Court.

Copeland has been indicted under old and frankly weird Minnesota election statutes. State law, believe it or not, makes it a serious crime to distribute political appeals containing statements one knows to be false or where one simply shows "reckless disregard" about their accuracy.

Now, in a way, these bizarre prosecutions based on byzantine laws may, in the long run, be a good thing. If we subject politicians to the consequences of too many laws, maybe they'll develop some empathy for the rest of us.

Posted by Mitch at December 4, 2002 08:37 AM