Mass. top court strikes down campaign ban on false statements as violation of free speech. http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/11830.pdf …pic.twitter.com/9kayzndUqh
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Key analysis from the Mass court applies Alvarez (Stolen Valor Act case) logic to campaign statements case:pic.twitter.com/QlreRt4PMx
And, rather brutally, compares the Mass false statements law to the Sedition Act. #yikespic.twitter.com/a33IHThHhw
And, there was some talk of McIntyre, the anonymous leafleting SCOTUS case:pic.twitter.com/YeQcl19dpu
Distinguishing between fact & opinion is tough, court says, & — even when certain it's fact — distinguishing between true & false is tough.
And, in the context of the timeline of an election, that's "all the more concerning," the Mass high court holds.
.@chrisgeidner specifically, says "efforts...to thwart political corruption, voter intimidation, and election fraud" a compelling interest.
@SpauldingCC Right, but, come up with a narrow tailoring that the court would be comfortable with.
@chrisgeidner so it's OK to accuse someone of being a child molster, bc it's free speech????
@rewir8rh83 The case doesn't invalidate defamation laws.
@chrisgeidner That's good, thanks.
@chrisgeidner I understand and ultimately agree with the underlying reasoning but oomph, it’d be nice to keep.
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