Advisory Opinion Challenged in New York - State and Federal Communications

March 9, 2016  •  

Advisory Opinion Challenged in New York

JCOPEAn advisory opinion by the Joint Commission on Public Ethics has been challenged in federal court. Five public relations firms have brought a suit seeking to block the enforcement of Advisory Opinion 16-01, as they argue the legality of the opinion’s definition of what constitutes lobbying.

Under the opinion, the firms claim private conversations with editors and reporters would be required to be disclosed, an act they say would have a chilling effect on the way they do business. Additionally, the firms argue the opinion’s definition of lobbying to be unconstitutionally vague, claiming it fails to give citizens reasonable notice of what is and is not considered lobbying activity.

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