Court strikes down Ohio ban on knowing or reckless falsehoods about candidates

Former Rep. Steve Driehaus (D-Ohio) in 2009. :Photo by Scott J. Ferrell:Congressional Quarterly:Getty Images
Former Rep. Steve Driehaus (D-Ohio) in 2009. :Photo by Scott J. Ferrell:Congressional Quarterly:Getty Images

By Eugene Volokh | The Washington Post

The U.S. Court of Appeals for the Sixth Circuit just held today, in Susan B. Anthony List v. Driehaus, that the Ohio ban on “disseminating false information about a political candidate in campaign materials during the campaign season ‘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’” violates the First Amendment.

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