Appeals court throws out law barring untrue campaign statements

[Judi Lynn]

Thursday, September 8, 2005 · Last updated 7:32 a.m. PT

Appeals court throws out law barring untrue campaign statements

THE ASSOCIATED PRESS

TACOMA, Wash. -- A law that bars political candidates from deliberately making false statements about their opponents violates the First Amendment right of free speech, an appeals panel has ruled.

The unanimous three-judge panel of the Washington state Court of Appeals on Wednesday dismissed a $1,000 fine imposed by the Public Disclosure Commission on Marilou Rickert of Shelton, an unsuccessful Green Party candidate for the state Senate in 2002.

"Although the stated intent of the Legislature was to 'provide protection for candidates for public office against false statements of material fact sponsored with actual malice,' the statute does not require any element of damage to the reputation of the maligned candidate," Judge C.C. Bridgewater wrote for the appeals panel.

The truth-in-campaigning law also allows candidates to falsely puff up their own records and backgrounds, further showing that it is "not narrowly tailored to the PDC's interest in promoting integrity and honesty in the elections process and chills protected political speech," Bridgewater wrote.
(snip/...)

http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=WA%20Truth%20in%20Campaigning

[ixion]

1. so, in summary, the media can legally lie, politicians can legally lie

but individual citizens can be hauled through the ringer for any one of serveral thousand different laws, all that deal with lying.

Great place we live in, eh? :-(

[mongo]

2. What a wonderful country we live in.....

[Lindacooks]

3. All right, this means Dems should use this law.

And say everything they can think of about Repukes. Hell, they won't have to lie or make anything up!! Just tell the fucking truth!!