First thing, First Amendment
The Supreme Court often takes on difficult and controversial cases, ones over which reasonable people can and do disagree. But the case of an Ohio statute that bans campaign lies Susan B. Anthony List v. Driehaus is not a close call. The law is a direct affront to the First Amendment, and a matter that anyone who values free speech should be happy to see invalidated.
The case arose from a dispute between a one-time Ohio state representative, Steven Driehaus, and the Susan B. Anthony List, a pro-life group.
During Mr. Driehaus' re-election effort, the group planned a billboard campaign accusing Mr. Driehaus of supporting taxpayer-funded abortions because he was in favor of Obamacare.
Mr. Driehaus moved to block the group from putting up the ads. The Susan B. Anthony List challenged the law, but was rebuffed because it could not show it had suffered harm.
Although the billboard ads didn't go up, and Mr. Driehaus was not re-elected, the matter did not stop there.
The Susan B. Anthony List then sought to bring the matter before the Supreme Court, claiming its free-speech rights remain under threat because of the law.
The details of the dispute are interesting, but hardly matter. The simple fact is that laws restricting political speech are inconsistent with the First Amendment.
The Ohio statute see codes.ohio.gov/orc/3517.21 bars a range of election-related claims and speech, including false statements about a candidate's military or educational record, or what professional licenses a candidate holds.
Those are easy claims to investigate, but how does one evaluate whether a campaign ad, sound bite, or debate claim violates the provision barring "a false statement concerning the voting records of a candidate or public official"?
America's colorful political history contains many famous exaggerations and falsehoods, which usually haunt those who make them. But innumerable claims are grounded in political viewpoint, interpretation, and shades of meaning. It is impossible to gauge their truth or falsity.
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First thing, First Amendment