Expert: Michael Troy - 3/20/2004

Question
An elected official running for re-election had his relative place an ad in local newspaper for a money reward for information leading to a successful conclusion of a civil lawsuit to be filed against any citizen distributing the opponent's campaign cards at private business locations.

While I understand that the 1st Amendment deals with "government" do you think this might be close to a government action, especially if the elected official was law enforcement?

I also read I think Title 18 or 29 of US CODE,
Section 241. Conspiracy against rights

     If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;They shall be fined under this title or imprisoned not more than ten years, or both.

Any thoughts or other ideas?

Thanks  

Answer
Hi George,

First off, I am not allowed to provide specific legal advice in this forum.  That would constitute unauthorized practice of law, which is illegal.  For advice regarding an actual case, you would need to speak with an attorney licensed in your jurisdiction.  However, I am happy to comment generally on the matter.

It seems the reward for lawsuits is based on the premise that handing out such business cards is illegal.  If it is, in fact, illegal, then a private party giving a reward to help prevent an illegal act seems legitimate.

If the purpose of the reward is to encourage people to harrass others through lawsuits for the sole purpose of discouraging exercise of their First Amenmdment rights, then I'd say the statute you reference might be relevant as a form of intimidation.

Still, that was not really the original intent of the law, which is aimed more at actual or threatened violence.  So any prosecution would have an uphill battle.

I hope this helps!
- Mike