A federal judge has ruled that Ohio's ban on false statements
against candidates seeking office is unconstitutional.
The
Susan B. Anthony List, a national anti-abortion group, challenged the campaign
law when they attempted to put up billboards accusing then-U.S. Rep. Steve
Driehaus (D-Ohio) of supporting taxpayer-funded abortion by voting in favor of
the Affordable Care Act. The billboard owner chose not to post the ads for fear
of legal action after Driehaus filed a formal complaint against the ads'
message with the Ohio Elections Commission.
Driehaus
dropped the case after he lost his re-election bid, so a federal judge ruled
the anti-abortion group could no longer challenge the law's constitutionality.
An appeals court agreed, and the Supreme Court sent the case back to the lower
court.
his time around, the anti-abortion group found success. U.S. District Judge
Timothy S. Black ruled Thursday that the Ohio Elections Commission can no
longer enforce political false statement laws.
Black
clarified that his denouncement of false statement laws does not translate to
approval of deceit on the campaign trail.
"Lies
have no place in the political arena and serve no purpose other than to
undermine the integrity of the democratic process," Black wrote in the
ruling. "The problem is that, at times, there is no clear way to determine
whether a political statement is a lie or the truth. What is certain, however,
is that we do not want the Government (i.e., the Ohio Elections Commission)
deciding what is political truth -- for fear that the Government might
persecute those who criticize it."
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