We are disappointed. In its one sentence order denying the TRO, the Court has failed to grapple with the substantive free speech and free association issues involved in the closure of web sites devoted to matching like-minded voters with one another for the purpose of discussing politics and voting strategies. California's Secretary of State, Bill Jones, has taken action that could threaten our ability to exercise our Constitutionally guaranteed freedoms on the Internet - action with potentially profound implications for the future of democratic discourse.

The American Civil Liberties Union of Southern California is absolutely committed to preserving our freedom of speech and freedom of association in every forum, regardless of whether the content of that speech is printed on paper or streams through modems. We refuse to accept the principle that the immediacy and power of the Internet require us to treat it differently from other media and set aside the Constitution.

The issue is not yet settled. We will pursue this case.

LOS ANGELES - The American Civil Liberties Union of Southern California filed motions today in defense of tenant activists at Lincoln Place, a 795-unit affordable housing complex in Venice, who are being sued by the development companies that own their apartments. Tenants include seniors on fixed incomes, working families, and children. The tenants have been engaged since 1987 in a struggle to stop evictions and to preserve their homes from the owners' plans to demolish them and turn them into condominiums and townhouses. The owners claim that the tenants intentionally interfered with their economic advantage. The ACLU of Southern California maintains that tenants were engaged in Constitutionally protected activities, and that the landlords are seeking to chill their tenants' freedom of speech.

"Scrooge came early to Venice this year," said Dan Tokaji, ACLU staff attorney. "This lawsuit is a blatant attempt to intimidate tenants of limited means from exercising rights protected by the Constitution. We will not allow these tenants to be bullied or brow-beaten into silence through a frivolous, unfounded lawsuit."

"We have fought for more than a decade to keep our homes," said Sheila Bernard, president of the Lincoln Place Tenants' Association. "Our motto is 'Let's Own It,' because we feel that it's our responsibility not only to tell the owner what he can't do, but to do it ourselves. We want to own our future, our destiny, our neighborhood, our lives."

"We're organized and we're active," said Bernard, "and so far we've succeeded in insisting that our city value its irreplaceable, affordable housing. Our success using the tools of democracy is the very reason the developers now want to take those tools away from us."

Tokaji also announced that later this month the ACLU will file a special motion to strike the complaint under California's SLAPP (Strategic Lawsuit Against Public Participation) law.

"The Lincoln Place tenants gather signatures," said Tokaji. "They picket. They attend City Council meetings. They educate their neighbors. That's why they've been slapped with this lawsuit, and those activities are all protected by the Constitution."

LOS ANGELES - The ACLU affiliates of Southern California and San Diego announced today that they will seek a temporary restraining order against California Secretary of State Bill Jones, who threatened criminal prosecution against a voter discussion and strategizing web site called Voteswap 2000. As a result of a letter Jones sent to Voteswap, that web site and two others, including the plaintiff votexchange2000.com, decided to shut down this week rather than run the risk of being prosecuted. The ACLU is also filing the lawsuit on behalf of a prospective voter. The National Voting Rights Institute joins the ACLU as co-counsel in the case.

"votexchange2000 and other similar web sites have a clear political message," said Peter Eliasberg, staff attorney at the ACLU of Southern California, "and that qualifies them for the highest level of protection under the First Amendment, whether or not Secretary Jones approves of their message or aim. The site expresses an unmistakable political message by their users seeking to associate with one another: 'This election year, perhaps more than any before it, every individual vote is crucial to both the election of a major party candidate and the building of a viable third party. Vote strategically -- in some states, a vote for Nader may be a vote for Bush, and a vote for Buchanan may be a vote for Gore.'"

The vote discussion and matching sites sprang up as early as October 1, and several were launched recently in response to an on-line opinion piece advocating that voters get together on-line and strategize about how to accomplish their shared aims. Scores of thousands of potential voters have visited the sites since they were launched.

Republican Secretary of State Bill Jones cracked down on the innovative discussion of voting strategies, claiming that sites which host and facilitate such discussions violate California's Election Code ﾌ_ 18521, which prohibits offering payment or any other "valuable consideration" to people so that they will or will not vote.

ACLU attorneys say the law is not applicable, or, if construed to be applicable, that it is not, in that case, Constitutionally sound.

"Discussing and agreeing to a co-operative voting strategy is absolutely distinct from offering or receiving payment for a vote," said Eliasberg. "This is not equivalent to handing someone a five-dollar bill. This is an obviously unenforceable and unverifiable personal pledge to vote in a certain way and is therefore completely from offering money. Jones's interpretation of this law could conceivably qualify any kind of speech as an inducement. If I promise to commend a person for voting in a way I approve of, is that offering an inducement?"

"The truth is," said Eliasberg, "Jones's interpretation of this statute is so far-reaching that it could encompass a vast array of voting-related behavior and speech which we all recognize as perfectly legitimate, even if we don't practice them ourselves."

Eliasberg offered the following examples of voting-related behavior and speech that Jones's interpretation of the law would make criminal:

--Two spouses discuss their vote, realize they disagree on every important issue, and agree that, since they're cancelling one another out, neither will vote.

--Two friendly legislators who disagree with one another's positions arrange not to vote on two separate occasions, when one, then the other, is absent, thus cancelling out the effect of their absences on the final decisions made.

--A politician such as Governor George Bush or Vice President Al Gore offers a monetary inducement in the form of a tax cut to a voter.

--A politician, during tough economic times, promises "a chicken in every pot" if voters cast their vote for him.

--A political columnist urges voters to do exactly what the web sites in question urge them to do.

"Bill Jones seems to be afraid of the Internet and the powers of expression and association that it gives to people," said Eliasberg. "That power of combining immediate association and direct speech is the reason people have sought to regulate the Internet more strictly than other media. I don't believe that Jones would have made the same threats if the same content had been expressed in a more traditional medium such as a newspaper column or a call-in radio show."

"Jones and other government officials and agencies need to take notice," said Eliasberg. "The ACLU will not allow the Internet to become the First Amendment punching bag, to become the one medium in which we allow the government to act out its habitual suspicion of public free speech and free association."