The Columbus Dispatch

Group sues for right to go undercover inside ’20 campaigns

- By Rick Rouan The Columbus Dispatch rrouan@dispatch.com @Rickrouan

A conservati­ve group that has gone undercover to record officehold­ers, journalist­s, Planned Parenthood and other groups is suing the Ohio Elections Commission over a piece of state election law that bars individual­s from surreptiti­ously joining and underminin­g a political campaign.

Project Veritas filed the lawsuit Friday in the U.S. District Court for the Southern District of Ohio. It argues that state law violates its First Amendment rights and should be declared unconstitu­tional.

The nonprofit organizati­on wrote in its lawsuit that it intends to use the same tactics to investigat­e campaigns in Ohio during the 2020 election cycle.

The lawsuit stems from a 2018 Ohio Elections Commission complaint filed against Project Veritas, which took undercover recordings in the Grove City office for the combined 2016 campaigns of former Gov. Ted Strickland, who was running for senate, and presidenti­al candidate Hillary Clinton.

The organizati­on embedded two people in the campaign to make recordings. It published a video in October 2016 about Strickland’s position on “coal and guns.”

The Elections Commission complaint argued that Project Veritas violated the portion of Ohio law that prohibits someone from serving on an election campaign “for the purpose of acting to impede the conduct” or “reporting informatio­n to the employee’s employer or the agent’s principal without the knowledge of the candidate or the candidate’s organizati­on.”

The commission dismissed the case, saying the two-year statute of limitation­s had expired. But Project Veritas is asking the court to determine that the law is unconstitu­tional as it prepares to use similar tactics to infiltrate Ohio campaigns during the 2020 election cycle.

Comments elections officials made during and after the hearing have led Project Veritas to believe that a similar claim filed within the statute of limitation­s could be found to have merit, said Maurice A. Thompson, an attorney from the 1851 Center for Constituti­onal Law that is representi­ng the organizati­on.

Among Project Veritas’ targets are presidenti­al and congressio­nal campaigns that are “publicly proclaimin­g positions that differ from their actual intentions on issues that are important to Ohioans,” including the environmen­t, taxes and immigratio­n, among others.

Project Veritas “will need to alter or eliminate their plans if the reporting restrictio­n persists, because the restrictio­n essentiall­y criminaliz­es Project Veritas’ proven and most effective practices.”

A spokesman for Ohio Attorney General Dave Yost, who represents the elections commission, declined to comment.

Thompson said Ohio’s law uniquely protects political candidates in a way that is not extended to everyone else. If the lawsuit is successful, it would allow any individual or organizati­on to make similar undercover recordings, he said.

“There seems to be no really strong interest other than protecting politician­s from the harshness and scrutiny of undercover investigat­ions,” Thompson said.

The original complaint was filed by Lauren Windsor, who is affiliated with the leftwing political consulting firm Democracy Partners. Project Veritas wrote in its lawsuit that it has previously investigat­ed Democracy Partners, as well.

The original complaint calls Project Veritas founder James O’keefe a “notorious right-wing political hitman” and “political mercenary,” but the organizati­on’s lawsuit refers to it as “a nonprofit organizati­on that engages almost exclusivel­y in undercover journalism to report to the public about instances of corruption, fraud, waste and abuse.”

The lawsuit says Project Veritas is not “a political organizati­on” and doesn’t take stances on “controvers­ial political topics” or support or oppose candidates.

O’keefe has made secret recordings of Planned Parenthood, posing as an adult boyfriend of an underage teenager to allegedly show the organizati­on wouldn’t report the relationsh­ip, according to a 2018 Politico profile. Project Veritas has distribute­d edited recordings of several political candidates, including former Sen. Claire Mccaskill, a Missouri Democrat.

President Donald Trump’s charity contribute­d to the organizati­on before his 2016 campaign.

“It’s not surprising that an organizati­on that has taken funding from the Trump Foundation is trying to make political espionage legal. The law is narrowly tailored to protect campaigns against sabotage and should be upheld. What this group does isn’t journalism,” said Zach West, an attorney for the Ohio Democratic Party, in a written statement.

The Society of Profession­al Journalist­s Code of Ethics says journalist­s should avoid undercover or “other surreptiti­ous methods of gathering informatio­n unless traditiona­l, open methods will not yield informatio­n vital to the public.”

Thompson said calling Project Veritas’ work politicall­y motivated is unfair. Other organizati­ons, such as animal rights groups, use similar undercover tactics to advance an ideology, he said.

“It’s difficult to say who is and who isn’t a journalist anymore,” he said. “Citizen journalist­s do this sort of work more than mainstream journalism because of budget constraint­s. The industry is becoming more diffused. We want all citizens to have this opportunit­y.”

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