By Sabrina Eaton
In a column about the upcoming Supreme Court case on the Center for Competitive Politics website, Smith argues Ohio’s law “makes a sham out of the idea of due process,” and that complaints made under the law are usually dropped after the the election because they’ve already served their purpose of silencing critics.
“Ohio’s false statements law is much more pernicious than many realize,” he says. “Indeed, what’s fascinating is that there is no question that the SBA List ads that prompted this suit are true, yet SBA List was still forced to defend itself before the Ohio Election Commission and had to consider the possibility of criminal penalties before speaking.”