Statement of Paul Jacob: December 18, 2008
in response to the 10th Circuit Court ruling
against the Oklahoma residency requirement
The decision of the federal 10th Circuit Court of Appeals, striking down Oklahoma’s requirement that petition circulators be state residents, is welcome news. I’ve always contended that such restrictions are unconstitutional violations of the First Amendment rights of citizens to speak out and petition their government.
The 10th Circuit now becomes the third federal circuit court this year—joining the 6th and 9th Circuits—to unanimously overturn these legislative roadblocks against the people’s use of the initiative process.
Yet, let me be clear: We the Oklahoma-3 did not break the law—a law now ruled to be an unconstitutional restriction on our rights. Back in January, Attorney General Edmondson told the Journal Record, “If the courts determine that the state’s process violates the First Amendment, so be it. Until that time, our law will be enforced.”
Even before today’s ruling that the underlying statute in the Attorney General’s prosecution is unconstitutional, the Wall Street Journal called Edmondson’s prosecution “bizarre,” Forbes magazine dubbed it “thuggish,” The Muskogee Phoenix editorialized that the AG’s actions were “inconsistent,” and Oklahoma City University Law Professor Andrew Spiropoulos said the prosecution was “unjust” and “embarrasses” the state of Oklahoma.
Mr. Edmondson should drop this politically-motivated prosecution.







