Fight for our 1st Amendment

PDSJ is taking on a fight to protect our First Amendment rights to engage in activism and political activity. The discussion in each meeting since our inaugural club meeting in March 2021 has presented a clear theme: our members want to advocate for meaningful change in our community, including for criminal justice reform. Local elections are critical opportunities for activism, and local policy makers are crucial to progressive change.

At our May 2021 meeting, club secretary Carlie Ware presented a state law (Cal Gvt Code 3205) that, as written, prevents political fundraising by many of our members who are county employees, in advocating for change within the flawed system we know so well.

The current law criminalizes fundraising/activism even when conducted on a county employee's personal time, outside of work hours, not utilizing any county resources. A majority of club members in attendance at the May 2021 meeting voted to challenge the law, to clarify that all of us, including county employees, have the right to raise money to support political causes or candidates we believe in.

PDSJ has filed a lawsuit in federal court to challenge the law, copied in full below. The plaintiffs are Krista Henneman and Carlie Ware as individuals, and the Progressive Democrats for Social Justice as an organization. First Amendment/Election Law attorneys at Gerstein Harrow LLP are working on this effort at a reduced cost. Read their well-written briefs below.

Here is the law we plan to challenge. '"Local agency" means a county:

Cal Gov Code § 3205. Solicitation of political contributions; offense; punishment

a) An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency.

(b) A candidate for elective office of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency.

(c) This section shall not prohibit an officer or employee of a local agency, or a candidate for elective office in a local agency, from requesting political contributions from officers or employees of that agency if the solicitation is part of a solicitation made to a significant segment of the public which may include officers or employees of that local agency.

(d) Violation of this section is punishable as a misdemeanor. The district attorney shall have all authority to prosecute under this section.

(e) For purposes of this section, the term “contribution” shall have the same meaning as defined in Section 82015.