Law Barring Political Lies Struck Down
The Washington Supreme Court has struck down a law that barred political candidates from saying false things about their opponents.
The court struck down the law even though it barred only lies that were motivated by actual malice, the New York Times reports.
The court said the law violated the First Amendment, according to the Seattle Post-Intelligencer. The majority said the law improperly allowed claims even when no harm was shown and permitted a government agency to rule on claims.
The majority opinion (PDF) said other courts have upheld similar statutes, but “such holdings should be neither admired nor emulated. The notion that the government, rather than the people, may be the final arbiter of truth in political debate is fundamentally at odds with the First Amendment.”
A dissenting opinion (PDF) said the decision was “an invitation to lie with impunity.”
