Legal Question in Constitutional Law in Kansas

Ever since the Citizen's United Supreme Court ruling, money has counted as Free Speech. The Constitution says that no law may be made abridging freedom of speech. (Speech may not be required or denied).

I personally disagree with this ruling, and wish to point out how absurd it is by applying it different ways that illustrate exactly how absurd it is (I guess it would be counted as a civil obedience protest instead of civil disobedience?)

Three of the ways are to refuse to pay sales tax at cash registers, and to try and file various legal documents without paying associated fees or possibly refusing to pay income taxes. (I figure there's little that would get the government to act more than being denied money without being lobbied to have that money denied).

I travel a fair amount from state to state, so I'm not really asking this about state-level activities, but if there's some kind of Notice of Intent form I should fill do do this or something? Filling out tax forms and claiming you don't have to pay on anything is doable (just putting a "0" on taxable income, although I would fully expect to be audited if I did so, and would love to bring that case to court and make my case), but for the sales tax and filing forms, in my experience you can't do it unless you've already paid the money. How could one inform what they're doing in this regard and do it? Just not buying or filling out the forms isn't an option, because then it doesn't work for this "civil obedience" protest. Suggestions?


Asked on 4/11/13, 7:37 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Suggestions? Sure. Don't do it.

Citizens United is about campaign finance. It is not about taxation. By holding that corporations and other entities can make large campaign contributions, the Supreme Court did not clear the way for people to refuse to pay taxes.

You can use your free speech rights to protest the tax laws to your heart's content. But those laws do not allow you to withhold your taxes.

You're not the first person to think the First Amendment allows them to opt out of paying taxes. There are places where you can find quite a few others who believe the same thing. Those places are called federal prisons. If you don't want to spend time there, I suggest you abandon this idea.

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Answered on 4/11/13, 7:49 pm


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