PR Firms Sue to Block New York Lobbying Rule

PR firms are justifiably fighting back against a New York State agency’s ruling that would require PR firms involved in public policy issues to register as lobbyists.

Five New York PR firms filed a lawsuit in the Southern District of New York in Manhattan against New York’s Joint Commission on Public Ethics (JCOPE), seeking a temporary restraining order and preliminary injunction.

The agency’s decision states:  “Any attempt by a consultant to induce a third party — whether the public or the press — to deliver the client’s lobbying message to a public official would constitute lobbying …”

Disclosing of Information Required

PR firms seeking to influence public policy issues would need to file a lobbying report and disclose information such as their client, their fees and expenses, and the state bill or government issue they were attempting to influence.

In their lawsuit, the PR firms correctly argue that the commission overstepped its bounds. “The commission’s action is a wholesale violation of the First Amendment’s speech and press provisions,” the lawsuit states.

The new definition of lobbying would have a chilling effect on public discussions and media relations.

“If the Framers of the Bill of Rights had one concern above all others, it was to preserve the right of citizens to freely discuss and debate issues of public concern, including in the press,” the lawsuit states, according to The New York Times.

In issuing its decision, JCOPE said PR firms are often “architects of grass-roots lobbying campaigns.” The commission argued that the change is not meant to affect a reporter’s ability to gather information or seek comments from advocacy groups. “Rather, this is intended to generate transparency in the activities of paid media consultants who are hired to proactively advance their client’s interests through the media,” it said in a statement..

Does the Commission Understand?

However, the commission doesn’t seem to understand that PR pros who communicate with the media and general public are different from those who are hired to persuade public officials.

In addition, journalists have no obligation to publish statements from PR firms, or even to return their phone calls. Even if journalists do open email messages from PR pros, they typically seek contradicting opinions.

Contrary to the Commission’s apparent belief, newspapers are not mere pawns of PR professionals,” the PR firms’ court brief says, notes The Wall Street Journal.

The ruling and its definition of lobbying are unclear. That ambiguity will lead to more confusion and increase efforts to circumvent lobbying disclosures, rather than control corruption and increase transparency.

Others are Outraged

The ruling also outraged civil rights groups and New York State newspapers. Journalists were upset at the idea that government officials would be able to see their communications, although PR firms would be not be asked to disclose names of journalists or publications or the content of those communications, according to the Times .

“With the capital a notorious cesspool of corruption for lo, these many years, New Yorkers have rightly viewed the state’s ethics ‘watchdog, as a mere joke,” stated a New York Post editorial. “But now the Joint Commission on Public Ethics is poised to do real damage.”

“JCOPE’s opinion is absurd, flagrantly unconstitutional, and a new low for one of the worst places in the country to express one’s opinion about government,” said David Keating, president of the Center for Competitive Politics, a nonprofit assisting the PR firms. “We’re hopeful the court will quickly grant our clients relief from these vague and overbroad rules that will stifle important speech about government policies.”

Bottom Line: A recent lawsuit shows the PR industry’s determination to block a New York State decree that would require PR firms to register as lobbyist and disclose important information – even if they do not attempt to directly influence public officials. PR firms make persuasive arguments for why the court should block the state edict.