SBA List v. Driehaus

Victory in SBA List v. Driehaus

The Sixth Circuit Court of Appeals handed down a wise decision today in striking down Ohio’s false statement law statute in Susan B. Anthony List, et al. v. Driehaus, et al. “Ohio’s laws do not pass constitutional muster because they are not narrowly tailored in their (1) timing, (2) lack of a screening process for […]

Filed Under: Blog, SBA List v. Driehaus, False Statement Laws, Ohio Elections Commission, Ohio

Susan B. Anthony List v. Driehaus and the (Bleak) Future of Statutes that Ban False Statements in Political Campaigns

In this University of Pennsylvania Law Review article, author Margaret H. Zhang assesses the constitutionality of state false statement law statutes in the wake of recent court decisions. As Zhang explains, today’s political candidates must be prepared for mudslinging targeted not just at their professional lives, but also at their private lives, appearance, genealogy, religion, […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, SBA List v. Driehaus, False Statement Laws, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation, Alaska, Colorado, Florida, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oregon, Tennessee, Utah, Washington, West Virginia, Wisconsin

The False Heroics of False Statement Laws

When someone suggests prohibiting ‘false statements’ in campaigns, your gut reaction might be to nod your head in agreement. This might come from a belief that people shouldn’t make unkind comments or unfairly criticize candidates. Or, you may think such a ban would promote better-informed voters by preventing the spread of misinformation. While some would […]

Filed Under: Blog, SBA List v. Driehaus, False Statement Laws, Massachusetts, Ohio

Amicus Brief: SBA List v. Driehaus in Support of Plaintiffs-Appellants and in Support of Affirmance

Download Amicus Brief

Filed Under: All Amicus Briefs, Current Amicus Briefs, SBA List v. Driehaus, Amicus Briefs, Current Cases (Amicus), SBA List v. Driehaus

State False Statement Laws: Should the Government Act as the Truth Police?

State False Statement Laws: Should the Government Act as the Truth Police? By Matt Nese and Brennan Mancil This Issue Review discusses the seventeen states that have adopted constitutionally vulnerable “false statement” laws that unwisely put government in the business of acting as the “truth police.” Such statutes cover general speech about a candidate or […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, SBA List v. Driehaus, Brennan Mancil, Center for Competitive Politics, False Statement Laws, Matt Nese, Ohio Elections Commission, First Amendment, Jurisprudence & Litigation, Alaska, Colorado, Florida, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oregon, Tennessee, Utah, West Virginia, Wisconsin

Amicus Brief: SBA List v. Driehaus

Download Amicus Brief

Filed Under: All Amicus Briefs, Current Amicus Briefs, Legal, SBA List v. Driehaus, All CCP Legal Documents, Amicus Briefs, Current Cases (Amicus), SBA List v. Driehaus, Amicus Briefs, Current Cases (Amicus), Current Cases (Filings), Filings, Ohio

Amicus Brief: SBA List v. Driehaus (DeWine and Smith)

Download Amicus Brief

Filed Under: All Amicus Briefs, Current Amicus Briefs, Legal, SBA List v. Driehaus, All CCP Legal Documents, Amicus Briefs, Current Cases (Amicus), SBA List v. Driehaus, Amicus Briefs, Current Cases (Amicus), Current Cases (Filings), Current Cases (Litigation), Filings, Litigation, Ohio

The Center for Competitive Politics is now the Institute for Free Speech.