8th Circuit Strikes Down Law Barring Knowingly False Statements About Ballot Measures

The unanimous decision reversing the district court in 281 Care Committee v. Arneson is here.

The result is not a surprise, given the Supreme Court’s decision in U.S. v. Alvarez and its more recent Susan B. Anthony case.  Given the result in this case, I expect the Supreme Court will not hear this case if the government seeks cert.  (In contrast, if the 8th Circuit came out the other way I would have expected review).

I address the issues with regulating false campaign speech in A Constitutional Right to Lie in Campaigns and Elections?

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