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View Full Version : High court rules campaign lies is protected free speech


Chief
10-04-2007, 09:26 AM
http://www.theolympian.com/breakingnews/story/234685.html

OLYMPIA, Wash. — A sharply divided state Supreme Court has ruled that a law that bars political candidates from deliberately making false statements about their opponents violates the First Amendment right of free speech.

In a 5-4 ruling, the high court affirmed a state Court of Appeals ruling that overturned the law. The measure was enacted by the Legislature in 1999, a year after a similar ban on false statements involving initiatives and other ballot measures was thrown out by the state Supreme Court.

The majority says that the new law "like its predecessor, is unconstitutional on its face."

The dissent called the majority decision "an invitation to lie with impunity."

**SCHNIPP**

Good news for the Stemper Campaign...

::)

tefen
10-04-2007, 09:45 AM
Libel and Slander aren't illegal? <a href="http://injury-law.freeadvice.com/libel_and_slander/defamatory_statements.htm">I guess you could still sue 'em, but they're allowed to say the remarks in the first place.</a> Right?

Chief
10-04-2007, 09:52 AM
That's what the Court is saying I believe. They cannot prohibit statements to be made, and they are not removing the civil sanctions that already exist for slander and libel.

In essence, you cannot have either slander or libel, until you have had a trial, so how can you prohibit something that has not yet been defined??

Good call IMHO...

Waterbuffalo
10-04-2007, 11:07 PM
How about a Million dollar per libel or slander statement per election cycle? And it could be applied to the candidate personally... And make it so they can't get away with in in some bankruptcy court filing..