Today a federal district court issued this Order Granting Summary Judgment in the 281 Care Committee case which I’ve been following on the blog. It is the first false campaign speech case I know of decided in light of the Supreme Court’s decision in U.S. v. Alvarez (the stolen valor case). In this forthcoming Montana Law Review article, I consider this case and more generally how Alvarez affects the constitutionality of laws barring false campaign speech.
I expect this case will be appealed again to the Eighth Circuit.