The Libertarian Party of Georgia will host its annual convention on Saturday, February 25th in Athens at the Georgia Center on the campus of the University of Georgia. The day will include some great speakers, including Brian Brawdy, Page Pate, Rich Sullivan, and Jeff Edgens. Package information and details are available here. The business session is free, of course.

LP Georgia will also host a presidential debate, moderated by Sharon Harris of the Advocates for Self-Government, at 3:30pm on the day of the convention. While all candidates seeking the party’s nomination have been invited, here are the confirmed participants:

• Gov. Gary Johnson
• Carl Person
• Leroy Saunders
• R. Lee Wrights

The Libertarian Party’s nominee will be chosen at the national convention in Las Vegas in May.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The photo above shows the church where I exercise my First Amendment right to worship as I am called to. On April 15, 2009, many of us gathered at the Georgia State Capitol under the protection of our right to assemble. Most weekdays in January through April we may petition the legislative branch of our state government. And on this blog, as well as other place online and off, we exercise our rights to free speech and to publish opinions and information that the government may not like.

(Before you say it, SOGTP, the Supreme Court held in Gitlow v . New York that the Fourteenth Amendment to the Constitution extends the protections of the First Amendment to the states. Love it or hate it, I don’t make the rules.)

I’ve written here recently about the pitched battle between Atlanta Progressive News and the Atlanta City Council.

Now, the Fulton County Daily Report is covering the actions of the City of Atlanta Law Department as it sought and received in Fulton County Superior Court a prior restraint (subscription required) against APN’s publication of the infamous memoranda.

On Aug. 9, Cardinale began reporting on his news site about a series of memos sent by city lawyers to council members, some drafted before he had filed his lawsuit and some after. Although Cardinale didn’t post copies of the memos on his site, his Aug. 9 story discussed in some detail an April 4 email Senior Assistant City Attorney Kristen Denius sent to Councilwoman Felicia Moore, copying city council members and staff and others in the city Law Department.

When they saw the memos quoted on Cardinale’s site, the city’s lawyers asked for their memos back. Cardinale, who said he received the memos from a confidential source, refused.

So on Aug. 12 they sent Baxter a motion for a temporary injunction to keep Cardinale from discussing or publishing the memos further, at least until the court could hold a hearing. The lawyers argued the memos could be damaging to the city’s attempts to settle a potential lawsuit by the state Law Department over related issues.

Baxter granted the temporary injunction but set the matter for a Monday hearing. According to Cardinale and Dow Lohnes lawyer Lesli N. Gaither, who sat in on the hearing on behalf of the Georgia First Amendment Foundation, the city quickly withdrew its request for a permanent injunction Monday, given the memos already had been posted over the weekend by Todd Rehm on the Georgia political blog Peach Pundit.

The city moved to hold Cardinale in contempt over the possibility that he had violated the temporary injunction by giving the memos to Peach Pundit. But Cardinale was able to show Baxter emails that proved he gave Rehm the memos before Baxter entered his order, and Baxter denied the contempt motion.

Allow me a moment to discuss the idea of “prior restraints”. A prior restraint is a form of government censorship that prevents someone from saying something the government doesn’t like or publishing information the government wishes to keep from the citizens. A prior restraint is considered particularly loathsome because it prevents an idea from being heard and either accepted or rejected, it prevents a citizen from sharing information and accepting whatever consequences might attend. It is inimical to the”marketplace of ideas,” an analogy to the free markets that we all cherish around here.

In New York Times Co. v. United States, the United States Supreme Court rejected the lower courts imposition of restraining orders preventing a newspaper from publishing government documents obtained in a questionable manner. This case, also known as The Pentagon Papers case, is frequently cited for the principle that prior restraints are usually unconstitutional.

In Nebraska Press Ass’n v. Stuart, the Supreme Court expanded on the Pentagon Papers case to state in that “prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment Rights.” A concurring opinion stated that prior restraints could issue against the media only if the government could show that such publication would present a “clear and present danger” in that case to a defendant’s Constitutional right to a fair trial. Another concurring opinion by Justice Lewis F. Powell articulated a nearly identical standard.

Given these clearly articulated standards for the government imposing a prior restraint, it should be only under the most extraordinary and exigent circumstances that an American government would seek to impose a prior restraint. Unfortunately, the Law Department of the City of Atlanta doesn’t seem to think so. In this case, what was at stake from the City’s perspective was its strategic position in a pending lawsuit that might be brought by Attorney General Sam Olens to force the City Council to abide by the Open Meetings Act.

But, you say, you guys are the press, are you? You’re not “legitimate media” to quote another government official or two.

Chief Justice Hughes, writing for the Supreme Court in Lovell v. City of Griffin, which originated in Georgia, stated that “[t]he press, in its historic connotation, comprehends every sort of publication which affords a vehicle of information and opinion.”  That sounds like us.

Hollie Manheimer, Executive Director of the Georgia First Amendment Foundation, which filed an amicus brief against the prior restraint, told the Daily Report that “[t]here is more room for blogger and citizen action now, and we expect that role and activity to grow.”

How far was the City Law Department willing to go to defend their right to break the law?

The City Law Department is apparently so embarrassed at having their ass hat handed to them by a non-lawyer that they are willing to attempt to harass and intimidate Cardinale. In my opinion, they are using armed guards to prevent Matthew Cardinale from exercising his First Amendment right to petition his government. Shame on them.

The City of Atlanta government appears to have pulled out all the stops in its assault on the First Amendment rights of one of its citizens. They’re also willing to harass and attempt to intimidate Peach Pundit, or at least its most annoying contributor.

In this Motion, the City requested to take depositions of APN’s Editor, Rehm of Peach Pundit, and an activist named Robert Schreiber, who sent the Peach Pundit blog post to the City.

In its Motion, the City provided a screenshot of Rehm’s Facebook page, as well as a series of posts on Rehm’s Facebook wall, as emailed to the City by someone named Rob[ert Taylor] O’Neal.

Since Assistant City Attorney Kristen Denius seemed so interested in my facebook postings, I sent her a friend request so that she can view them herself, rather than enlisting  Robert Taylor O’Neal. I’m disappointed that she hasn’t accepted.

Matthew Cardinale is well-known for singing and rapping in his comments to the Atlanta City Council. Since the City lawyers lost their motion, I suspect they’re no longer interested in deposing me. But just in case, I’ve given my lawyer instructions to pass on to them: they’re taken from another song you may have heard. (link not safe for work or around young kids)

I am admittedly an absolutist complete nutjob with respect to the First Amendment, but it’s only because it protects so many of the most important things in our lives. If you’re a government official who deals with the press, you should acquaint yourself with the First Amendment and our rights under it.

“I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue.”

-Barry Goldwater

If the First Amendment protections against our government fail, our next bulwark is the Second Amendment. And nobody wants it to ever come to that.

P.S. Matthew Cardinale and Atlanta Progressive News have spent a considerable sum defending the rights of all of us. Consider visiting their site and making a donation to offset their legal expenses; I have. I also highly recommend subscribing to their newsletter. Even though I disagree with his politics, I read every single edition as he covers topics neglected by the mainstream media.

P.P.S. The American Spectator used to publish a semi-humorous (if you appreciate droll humor) list of “enemies of the people”. I’m starting my own list.

The AJC reports today on a lawsuit by the Securities and Exchange Commission against Michael Rothenberg, who ran unsuccessfully for DeKalb Superior Court in 2010.

The SEC complaint appears to originate with the same transaction that birthed a federal lawsuit against Rothenberg just before the December 2011 runoff election.

The SEC alleges that Rothenberg transferred $169,o00 of money from defrauded investors to his campaign account. In November, the Fulton Daily Report noted Rothenberg denying having transferred the funds in questions to his campaign.

But long before the November general election, there were other warning signs.

In 2008, Michael Rothenberg announced his candidacy for another seat on the DeKalb Superior Court. Erick Erickson, writing on Peach Pundit challenged Rothenberg’s eligibility. Rothenberg and his Campaign Manager/attorney responded in the comments with their version of his qualifications.

Two days later, Erick published a lengthy analysis and concluded that Rothenberg did not meet the statutory requirements to hold the office of Superior Court Judge at that time. This would not be the last time Rothenberg had no comment.

Rothenberg ultimately withdrew from that race over his qualifications. Erick wished him the best and said “[we] hope to see him run in two years.” Erick’s wish was fulfilled.

On November 18, 2010 the Daily Report ran a story that Rothenberg implied that his campaign was supported by Congressmen Hank Johnson and John Lewis and State Senator Jason Carter. All three of those elected officials denied having endorsed Rothenberg.

On November 29th, the AJC reported that State Representative Mike Jacobs withdrew his personal endorsement of Rothenberg based on concerns over the private lawsuit. That article also reported that DeKalb County Commissioner Elaine Boyer (R-Smokerise) denied having endorsed Rothenberg, despite her picture appearing on Rothenberg’s mailings under the heading “Endorsed By”.

Liz Carter, the Republican Candidate for the Fourth Congressional District, had the day earlier emailed  a number of DeKalb Republicans stating that she had not approved the printed endorsement that Rothenberg attributed to her and was asking people not to vote for Rothenberg in the runoff.

Both DeKalb Libertarians stood by their endorsement of Rothenberg.

After Courtney Johnson won the runoff election with 61% it wasn’t clear how much of her victory could be attributed to the last news cycles of the election.

But precinct-level returns shed some light.

Mike Jacobs’s district comprises eleven precincts in North DeKalb. During early runoff voting, Rothenberg ran the table here, carrying 66% of the vote and all but two of the eleven precincts. On election day, voters gave Courtney Johnson 56% of the vote, a twenty-three point gain over the weekend, and she carried nine of eleven precincts.

Courtney Johnson won the rest of the county handily, approaching 90% in a number of precincts. But it is instructive to view the sea-change in voter sentiment in reaction to a news story about candidate ethics.

Disclaimers: I was a consultant to Mike Jacobs during this drama. On November 1, 2010, I recevied a payment for robocalls from Michael Rothenberg’s campaign. That expenditure appears never to have been disclosed.

My good friend John Monds was on Freedom Watch with Judge Andrew Napolitano last night for a Martin Luther King special.

Part 2:

That’s right, today is December 25th, and that now means it’s Jason Pye’s birthday.

As you wind down your Christmas celebrations, please take a moment and wish our resident Libertarian and Peach Pundit Assistant Editor a very happy birthday.

Though I’ve been trying to start the rumor that he would be turning 45 today, he claims it’s his 30th. Regardless, he’s been celebrating for a week, and I hope being snowed in gives him one more day of Pyepalooza.

Happy Birthday Jason!

WMAZ now has footage up. Bear with me, there are lots of videos.

Part I:

Parts II through VII after the break.

Part II:

Part III:

Part IV:

Part V:

Part VI:

Part VII:

Chuck Donovan, the Libertarian candidate for United States Senate, has become the only candidate to sign the “No Pork Pledge” from the Citizens Against Government Waste, and challenged Sen. Johnny Isakson and Michael Thurmond to follow suit.

Chuck Donovan dropped this on YouTube today:

Bob Barr, a former Republican Congressman who served with Johnny Isakson in the House, has endorsed Chuck Donovan for US Senate:

Former U.S. Congressman and 2008 Presidential candidate Bob Barr today announced his endorsement of Libertarian Chuck Donovan running for U.S. Senate. The Donovan for Senate campaign is proud to receive such an endorsement. Bob Barr is well known figure in third party politics ever since he left the Republican Party in 2006 to join the Libertarian Party.

“Both our basic liberties and prosperity are increasingly at risk because of policies implemented by both of the two major monopoly parties.” said Barr. “Instead of giving us free markets, Washington puts taxpayers on the hook for bailouts. Instead of reforming crippling entitlements, Washington expands them.”

“There is not only a budget deficit in Washington, but also a severe deficit of leadership, and unless we start electing people like Chuck Donovan, our Constitution and Bill of Rights will become nothing more than footnotes in history.”

Candidates running under the Libertarian Party of Georgia‘s banner qualified this afternoon at the Secretary of State’s office:

The Libertarian Party of Georgia on Tuesday officially entered the 2010 campaign season when party leaders placed a dozen candidates on the November ballot.

Libertarians in Georgia do not hold primaries, but choose their general election candidates at a convention in April.

“Today is a historic occasion for the state of Georgia, as well as the Libertarian Party of Georgia,” said Daniel Adams, chairman of Libertarian Party of Georgia. “We just qualified our first full statewide slate, including the first African-American candidate for governor and the first female candidate for lieutenant governor on the general election ballot.”

The candidates are:

• US Senate: Chuck Donovan
• Governor: John Monds
• Lt. Governor: Rhonda Martini
• Attorney General: Don Smart
• Secretary of State: David Chastain
• School Superintendent: Kira Willis
• Insurance Commissioner: Shane Bruce
• Agriculture Commissioner: Kevin Cherry
• Labor Commissioner: Will Costa
• PSC (2nd District): Jim Sendelbach

We’ve spent a couple of years here covering the race for Governor, sometimes at the expense of down ballot races. In an effort to allow the candidates in races that may not have received as much attention to have some earned media, we’re going to allow any interested statewide candidate to submit up to 750 words to speak directly to the Peach Pundit community. Candidates in the races listed below should submit their statements in a word document by July 1st.

These statements will be published with a standardized headline (Name: Candidate for XXXX) on the following dates:

July 5th: Insurance Commissioner

July 6th, Ag Commissioner and State School Superintendent

July 7th, PSC and Labor Commissioner

July 8th, Secretary of State

July 9th, Attorney General

It’s a banner day here at the Tanalach Media, LLC World Headquarters, and especially the PeachPundit publishing division.

Today, we received our first letter to the editor via US Snail Mail. Well, actually it was addressed to “Jason Nye” – the pseudonym given to our own Jason Pye by Georgia Public Broadcasting.

The writer graciously sent a copy of their DADT-concerned correspondence recently sent to Senator Chambliss. Permission was not explicitly given to use their name, but I’ve included the correspondence as a counter-balance to Jason’s DADT post from last week.

Over the years I’ve seen literally thousands of letters to the editor at RedState and PeachPundit, but it’s just much more meaningful to receive them the old fashioned way.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”–The First Amendment to the Constitution of the United States of America

Maybe it’s the Afghan heat getting to me, or it could be a side-effect of my euphoria from being first place in the “Pro Pick ‘Em” league, and second place in the Fantasy Football league–but whenever I find myself adamantly agreeing with Pete Randall and adamantly disagreeing with the sentiment of some of my fellow (L)ibertarians, it causes me to pause.

I am of course, referring to the Catoosa County Cheerleaders and their malcious attempts to indoctrinate our youth, force them to convert to Christianity and establish a Christian-fundamentalist, theocratic madrassa.  Oh wait–all they did was paint a banner with a Bible quote?  So…what’s all the fuss about?

Believe me when I say that I understand why my fellow libertarian-minded bloggers would raise an alarm.  We’ve all seen too often, not only throughout American history, but world history, that politicians have used “religion” has cause for all sorts of blunders, atrocities and injustices.  We’ve seen civilizations rise and fall, while acting in accordance what was believed to be “the will of God.”  We’ve seen theocracies in the past, the injustices they breed–and we see them now.  And none of us ever want that to happen here.  Luckily, our forefathers had the foresight to protect us from this fate.  And they demonstrated that foresight in the forming of the First Amendment to the Constitution.

Before I go any further, I want to disclose the fact that I consider myself to be a Christian.  Some of you, hell most of you, would no doubt question how “devout” I am…and I wouldn’t blame you.  But in the end, I am a Christian.  I am in no way, shape or form part of an oppressed minority.  Christianity is the predominant religion of my state and my country.  We are the majority.  And I believe that the Bill of Rights was crafted to protect the minority from the tyranny of the majority.

So…where’s the tyranny?

I look at the Catoosa cheerleader incident and see the following:

(1) No government entity ever established a religion of any type.  No worship services were held.  No religious propaganda was distributed.  No “non-believers” were dragged into the streets and shot.  In fact, there was no government endorsement of religion in this case–at all.

(2) A group of private citizens decided to publicly profess their faith.  They didn’t prevent anyone else from professing a different faith.  They didn’t insult the faiths of anyone else.  They simply professed their own faith.

(3) Last time I checked, public professions of faith are not illegal.  If so, someone needs to tell that blind, gimp preacher on my street corner, holding up a “The End is Near” sign to go away.  Actually, the first amendment completely allows for the practice (or freedom) of religion.  Not only that, it allows for the practice of free speech.  Even unpopular speech.

If a goverment entity, such as the school board, has a problem with the banner…here is the quick, and constitutionally-proper way they could have responded:

“The Catoosa County Board of Education in no way endorses or promotes religious propaganda of any type.  The Board does, however, recognize that as citizens of the United States of America, our students are entitled to freely express their own religious beliefs.  This applies to students of all religions.”

But Libertarians want to get up in arms about it.  They want to raise hell.  “This is an outrage,” they say.  And you wonder why even political independents won’t take us seriously…much less Republican and Democrats.  Get some perspective.  Those Cheerleaders didn’t harm a soul.  They may have offended your delicate sensibilities…but unfortunately for you, your delicate sensibilities aren’t a Constitutionally-protected entity.

You want to protest Obamacare?  Count me in!  You want to free Genarlow Wilson?  I’m with you.  Let’s sell alcohol on Sundays, too.  We could legalize weed and prostitution!  We’ll cut taxes and spending by 50% or more!  OR WHATEVER!  It doesn’t matter.  But that’s what we need to be focusing on.  Not a stupid banner, in a stupid high school.  If you want your ideas to be taken seriously as a potential player on the national political scene, then you have to take them seriously yourself.  From the comments I saw on Pete Randall’s post, it is clear that Libertarians remain unready to step up.

[On a side note, I hope everyone back home is doing well.  It would be an understatement to say that I can't wait to come home on leave.  My hands have felt absolutely empty for the last 7 months, without beers in them.]

Eric Von Haessler will not run for United States Senate against Johnny Isakson in 2010, largely due to regulations that would force him off the air during his campaign. He made it clear to those of us who had been working with him that he isn’t ruling out a run as a Libertarian in the future and he added that he will work on behalf of the party during the upcoming election.

Haessler spoke at both tea parties in Atlanta (video here and here) and gave a speech at the Georgia Libertarian Party convention explaining his journey from the Republican Party.

There are other people that have expressed interest in running for the seat within the party. No word on pending announcements.

Fox 5′s series of interviews with the candidates for Governor continues with LP candidate John Monds.

Received via email from the LP:

John Monds to seek Libertarian Nomination For Governor

Atlanta, GA: John Monds will be announcing his intention to seek the Libertarian Party of Georgia’s nomination for Governor with a press conference at the Capitol in Atlanta with family, close friends and supporters by his side Wednesday, March 25th at 4:00pm.

During his campaign for Public Service Commission (District 1) in 2008, Monds became the first Libertarian to break one million votes in the United States.

Monds and the Libertarian Party believe Georgians are ready for something new and different. “It’s difficult to tell the difference between Republicans and Democrats; both want to raise your taxes, waste your money and increase the size and scope of state government,” said Monds.

“We must be competitive in the 21st Century. We must have meaningful tax reform that allows businesses and individuals to thrive, a transportation system that eases congestion without raising taxes, an education system that gives more choices and returns control to the local level, and we need to stop wasting the taxpayers’ money with mandated long term incarceration of individuals for non-violent victimless infractions of the law”

John Monds, the Libertarian Party’s nominee for Public Service Commission District 1, has filed a residency complaint against Doug Everett, the Republican incumbent.

The complaint alleges that Everett lives in Clarkesville and Atlanta, but not at any of the addresses provided in official filings to the State Ethics Commission.

The Atlanta residence is rented, though paid for with campaign funds since 2006. The home in Albany that Everett has used in filings is actually owned by his son, Michael C. Everett. A homestead exemption has been filed to this effect as well.

Monds writes, “It is very reasonable to ask Mr. Everett to come forward and provide evidence of his residency. I ask that you use all means within your power to expeditiously resolve any questions that exist concerning this matter.”

It may be too late to file a challenge. I’m not sure. Otherwise, it’ll be interesting to see how the Secretary of State’s office handles this. Especially since there is no Democrat running in this race and the questions over partisanship in the Jim Powell residency case.

Disclosure: Jason Pye is on staff with Bob Barr 2008 and is a member of the Libertarian Party of Georgia Executive Committee.

Jim Galloway has the story here.

I am completely baffled that the nominee of the party that most wants to get government out of our private lives believes that a federal court should open church doors for him.

Pick out a freedom necktie and treat yourself to a new pair of shoes. Tickets are on sale now for “An Evening With Bob Barr And Friends,” a Libertarian Party of Georgia banquet and fundraiser. Plan on joining us Saturday, August 23rd at the Crowne Plaza Ravinia to mingle with Bob Barr and our other candidates. You’ll also get to meet and visit with other Libertarians and freedom minded people from all around Georgia. We’ll start with a cocktail reception and social hour at 6:00 PM, then sit down for a banquet dinner at 7 o’clock. Entertainment will be provided, and Congressman Barr will make an address.

The Crowne Plaza Ravinia is at 4355 Ashford Dunwoody Road NE, across from Perimeter Mall.

What with Bob Barr appearing on TV talk shows and polling as high as 9% in some states, there is a lot of interest in this special event. Reserve your seats now for “An Evening With Bob Barr and Friends” at the Libertarian Party of Georgia website.

Disclosure: Jason is on staff with Bob Barr 2008 and is a member of the Libertarian Party of Georgia Executive Committee.

Here is the latest video from the Bob Barr 2008 eCampaign team. Please check the Bob Barr 2008 You Tube Channel for the latest videos from the campaign.