We’ve been skeptical from the start of the effort at Albany to fine hip-hop entrepreneur Russell Simmons for failing to register as a lobbyist before holding a City Hall rally against the Rockefeller-era drug laws. It just seemed plain on its face that the First Amendment that prohibits the Congress from making any law abridging freedom of speech or the right of the people peaceably to assemble, and to petition the government for a redress of grievances also protects the right of the people to hold a rally about a legislative matter without being harrassed by the government by being forced to register as a lobbyist.

Now it turns out that the man in charge of enforcing the lobbying law, the director of the state lobbying commission, David Grandeau, agrees that the law is constitutionally suspect. He said this week on WROW in Albany that the $75,000 fine the commission seeks to impose on Mr. Simmons may violate Fifth Amendment due process. “Quite frankly, as an attorney I think [Mr. Simmons’s attorney] has an excellent argument, one that’s quite troubling,”Mr. Grandeau said.”I am not at all averse to pointing out to the judge that the other party is right in this case. It’s not about winning. It’s about doing the right thing.” But what Mr. Grandeau is saying is all about process and not about the deeper constitutional issue in respect of Mr. Simmon’s activity. We don’t happen to agree with the hiphop mogul’s view of the Rockefeller drug law. But we absolutely support his right to stage a rally in respect of repeal. Neither Mr. Grandeau nor anyone else in the state government (or any other government) has the right under the Constitution to require Mr. Simmons to register as a lobbyist in order to petition by assembling peaceably.