Keller campaign files desperation ethics complaint over RGF reporting in “sweatshirt-gate”

All of Albuquerque is talking about the yellow hoodies emblazoned with the simple message I ♥ Tim Keller.

Now, the Keller campaign has filed an ethics complaint against RGF president Paul Gessing for simply reporting on the news and sharing photos and his thoughts on the yellow sweatshirts on this website. 

While the Keller campaign has shown no evidence as to who purchased or distributed the yellow hoodies and there is no actual campaign message on the shirts (like vote for or against Tim Keller), this ethics complaint is just another attempt to stifle journalism and basic free speech.

The words “I Love Tim Keller” is not expressed advocacy, consistent with the magic words test in Buckley v. Valeo. The Buckley ruling from the 1970’s is the most consequential ruling that has put in foundation our campaign finance laws.

Saying the words “I love Tim Keller” does not trigger the magic words test as in Buckley v. Valeo. If the shirts said “I support Tim Keller” or “Defeat Tim Keller,” that would cross into expressed advocacy. Source; Middle Tennessee State University

The Rio Grande Foundation did not purchase the shirts, nor did it distribute the shirts. Simply put, there is no evidence of RGF or Gessing being involved in the caper because we weren’t. We were simply provided photos of the shirts being worn after the fact under a strict pledge of anonymity.

The Keller campaign’s effort to attack the 1st amendment right to free speech and our reporting about critical issues facing our City is sad and reprehensible. 2025-12-05_BOE 08-2025 Daymon Ely