Earlier this week I noted that the question of laws regulating false campaign speech was on the mind of Justice Kagan and other Justices during the oral argument in the Stolen Valor case.

Well it might be because of the pending cert. petition in the Arneson case from the 8th Circuit, which raises the following question:

Section 211B.06, subd. 1 of Minnesota Statutes prohibits individuals from making false statements offact designed to persuade voters about candidates or the effect of a ballot question when made knowing the statements are false or with reckless disregard for their truth or falsity.

The question presented is: whether the Free Speech Clause of the First Amendment protects knowingly false non-defamatory statements of fact and requires this statute to be struck down unless it can satisfy strict scrutiny review.

The Petition suggests a grant and hold for the stolen valor case.