EDITORIAL: Mayor's ethics complaint threatens free speech rights

Just what does the city of Albuquerque plan to do with Paul Gessing? Place him under hot lights and give him the third-degree with long and harsh questioning intended to extract a confession? Fine his nonprofit think tank $500 a day into oblivion? Waterboard him?

We jest somewhat, but using the full weight of city government to obtain confidential information from a private citizen is no laughing matter.

Daymon Ely, lawyer for Mayor Tim Keller’s campaign, filed a complaint Dec. 5 with the City Clerk’s Office seeking to compel Gessing to reveal who passed out dozens of “I  Tim Keller” hoodies to people at a local smoke shop on East Central in late November, just as early voting was getting underway for the Dec. 9 runoff election between Keller and challenger Darren White.

“I am asking you to open an investigation into who is behind a disgraceful, cruel, and unlawful political stunt that took advantage of our most vulnerable citizens — the homeless,” Ely wrote. “Mr. Gessing is being named in this complaint because he has told the news media that he has direct knowledge of the person or persons who have committed these unlawful acts but he has, so far, refused to reveal their identities.”

Gessing has publicly stated he believes the person who sent him digital photos of people wearing the bright yellow hoodies also distributed them, but he told the Editorial Board Tuesday he had nothing more to do with it.

“I don’t have any idea who paid for it or who physically distributed them,” he said.

White’s campaign denied allegations of his supporters’ involvement made by the Keller campaign, while the Republican Party of New Mexico accused Keller’s campaign of being behind hoodie-gate.

Ely, a former state representative for Bernalillo and Sandoval counties, asserts the hoodie donations are a “direct violation” of the City Charter regarding the reporting of political contributions and expenditures exceeding $250. His written complaint misquotes the hoodies as saying “I Love Mayor Keller,” when they don’t mention the word “mayor,” and misspells Gessing’s comments on local TV describing the stunt as “gorilla (sic) marketing or gorilla (sic) campaign tactics.”

Gessing, president of the Libertarian-leaning Rio Grande Foundation based in Albuquerque, makes a pretty compelling argument that he’s a journalist, noting Google labels his “Errors of Enchantment” blog as a news service. He also notes the complaint he received on Monday from the City Clerk’s Office makes no mention about the next step in the process, and that the complaint hangs over him like a Sword of Damocles, potentially forcing him to obtain legal counsel to protect the identity of his sources.

“I’m pretty sure there’s some in-person process,” he surmises. “I don’t understand. What do they want me to do? It’s all very vague and threatening and unclear. I think it’s much more than an intimidation tool. I think it’s an attempt at bullying and an inappropriate use of power.”

We agree. Compelling a private citizen and political blogger to divulge his sources is absolutely inappropriate.

According to the City Charter, those who spend more than $250 to influence an election must register with the clerk’s office and publicly list their donors unless the group is an advocacy nonprofit, classified as a 501(c)(4).

However, the city has provided no evidence that Gessing was involved, other than his acknowledged receipt of the photos.

“Mr. Gessing has refused to reveal the person(s) behind the activity because they ‘don’t want to be made public,’” Ely closed in his complaint. “But, if this stays in the shadows, it will make a mockery of the Election Code.”

The mayor’s heavy-handed legal effort to out the source of a political blogger is a mockery of the First Amendment. Moreover, it’s unclear how much authority the city’s Board of Ethics has to compel testimony from a private citizen or to regulate anything other than candidates, their campaigns and so-called Measure Finance Committees comprised of people acting in conjunction to elect or defeat a candidate.

Going after a prominent blogger to divulge his sources, and threatening him with a public reprimand or $500 fines for each alleged violation of the city’s election code, is a direct assault on the First Amendment, free speech and journalism.

Keller should drop his petulant complaint and refocus his efforts on his third term rather than trying to chill the free speech of others simply because he got embarrassed and his feelings got hurt.

This editorial was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.