Anonymous Literature (H 8130, S 2847)

In May, the House overwhelmingly approved legislation to protect the freedom of political speech. The legislation repealed a section of law that is largely regarded as unconstitutional, as it prohibits the distribution of anonymous political literature. In April, the ACLU testified before the Senate Judiciary committee in support of companion legislation. The ACLU noted that passage of this legislation would render moot a lawsuit filed by the Affiliate against the Smithfield Police Department, which has publicly sworn to continue arresting people under this statute even though the Attorney General’s office has acknowledged the unconstitutionality of the law and declined to prosecute. Despite the pending litigation and lack of opposition to the legislation, the Senate failed to vote on the bill before the end of the legislative session and the unconstitutional law remains on the books.