On Tuesday the Institute for Justice went to federal court to find out.

Two years ago IJ teamed up with three Philadelphia tour guides to file a major First Amendment lawsuit seeking to vindicate the freedom to speak in Philadelphia.

Ann Boulais, Mike Tait and Josh Silver sued because officials passed a law making it illegal for anyone like them to give a tour of much of the city’s downtown area without first passing a test and obtaining a government license—that is, getting the government’s permission to speak.

The case immediately sparked nationwide interest.  Robert McNamara, the First Amendment expert who filed the case, appeared on shows like All Things Considered and Marketplace to point out that the Constitution protects our right to communicate for a living, whether we are speaking out as bloggers, journalists, stand-up comedians or tour guides.

The Wall Street Journal ran a front-page feature:

Feeling tyrannized, Ms. [Ann] Boulais and two fellow guides summoned the constitution’s protections by suing the city in Philadelphia Federal court. The history test, they claimed, breached the Bill of Rights — a set of rules, as any good guide should know, that took effect while Congress sat here at 6th and Chestnut streets, on Dec. 15, 1791.

Of course, the guides are quick to point out that officials are violating fundamental American liberties in the very place those liberties were first enshrined in our Constitution.

In 2009, a year after the suit was filed, the city asked a federal judge to dismiss the case.  Their reason?  They had not allocated money in their 2009 budget to enforce the law right away.

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There’s a new site to add to your blogroll:  Congress Shall Make No Law.

The site, which has the address makenolaw.org, empowers grassroots activists from around the country that are standing up and saying no to unconstitutional attacks on free speech coming in the guise of campaign finance reform.  The site explains all the latest news and events going on in this increasingly complex area of law.  All of the writers are First Amendment attorneys and experts at the Institute for Justice (IJ)—the libertarian law firm dedicated to striking down campaign finance laws in state and federal courts.

The unfortunate reality is this:  Campaign finance laws are a way to regulate speech and silence speakers.  And they have seriously negative impacts on everyday Americans.

Consider Karen Sampson of Parker North, Colorado:

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TEA Parties nation-wide have found that calling, writing, and showing up in person in D.C. has the same impact as a hiccup in a hurricane. After turning out thousands of citizens at rallies, overwhelming the Senate phone lines and crashing Congress’ e-mail system, our elected representatives are poised to enact the greatest expansion of government in history. The TEA Parties followed the direction of national organizations and associations. They answered the call, but were sent over the trench-line without an actual plan or support. (See, for example, Somme, Battle of) It is time for the TEA Party movement to turn inward. In the words of the age-old adage, “ All politics is local “.

Stories like the ACORN tapes have massive national legs, yet they do not destroy the local farm team of tax-and-spend big government.  Fighting for Liberty and the ability to live the American dream requires getting your hands dirty far closer to home.

For the TEA party and 9-12 groups to become effective, they must evolve again, and this time the Gadsden Flag will be a marker laid down to far more personal targets. People find the mundane of daily life and local news forgettable, yet this is how the TEA party can enact meaningful change.

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