Voting Blogs: You Can Lie in Ohio: Federal Court Strikes Down Ohio Law Banning False Political Speech | State of Elections
A federal judge in Cincinnati struck down an Ohio law which criminalizes intentionally lying in campaign ads or statements, on the books for decades in early September on First Amendment grounds. The state filed an appeal in October. The law in question makes it criminal to “[p]ost, publish, circulate, distribute, or otherwise disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false or not, if the statement is designed to promote the election, nomination, or defeat of the candidate,” and gives the Ohio Election Commission enforcement power. The case arose when former U.S. Representative Steve Driehaus filed a criminal complaint against anti-abortion advocacy group the Susan B. Anthony List for claiming that his support for President Obama’s healthcare plan meant he was in favor of tax-payer funded abortion. Driehaus is in fact pro-life. The Susan B. Anthony List then challenged the law’s constitutionality in Susan B. Anthony List v. Driehaus.