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Thread: Supreme Court to hear election case

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    Supreme Court to hear election case

    This is one that should inspire some debate - it is what we are here for, amirite?

    Supreme Court to hear election case

    The U.S. Supreme Court agreed to hear a Cincinnati case that could decide whether it is constitutional for Ohio election law to prohibit false statements made with malice during an election campaign.
    Although the justices have yet to schedule oral arguments on the Ohio law, by accepting the case Friday they rejected arguments by Ohio Attorney General Mike DeWine that there was no reason for the high court to review two lower federal courts which had dismissed the lawsuit.

    “I think this is further evidence that the court sees serious problems with state laws that regulate electoral speech,’’ said Paul Sherman, an attorney for the Virginia-based Institute for Justice, which urged the justices to hear the case. “They have recently shown a lot of hostility to these kinds of laws and with very good reason.’’
    The group which has filed suit in this instance is basically claiming that political lies are "protected speech"

    more from Reuters on the case
    (Reuters) - The U.S. Supreme Court on Friday agreed to hear an appeal by two conservative groups that assert that an Ohio law that imposes penalties for making knowingly false statements about political candidates violates their right to free speech.

    The groups, Susan B. Anthony List and the Coalition Opposed to Additional Spending and Taxes, say that the possibility that the Ohio statute would be enforced against them deterred them from issuing statements during the 2010 election campaign criticizing a Democratic congressman for supporting President Barack Obama's healthcare law.
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: Supreme Court to hear election case

    Slander/libel is not speech.

    But, lying, non-slander/libel speech is a form of free speech.

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    Re: Supreme Court to hear election case

    Quote Originally Posted by scatt View Post
    Slander/libel is not speech.

    But, lying, non-slander/libel speech is a form of free speech.
    In your crazy opinion eating a burger is speech.

    Slandering someone can be a criminal offense and simply screaming "free speech" wont help you there.

    Where I grew up there was a person who people slanderd about that he was a drug dealer, he took the worst of them to court and won.

    I have a right to prosecute scumbags who have nothing better to do than slander about me by spreading lies that could harm me and my image.

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    Re: Supreme Court to hear election case

    Slander/libel is not speech.

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    Re: Supreme Court to hear election case

    Good God...who would accuse any politician in America of lying at anytime? That'd be down-right UNAMERICAN!

    The above is what politicians want...never to be accused. In other words, accusations...should be against the law. Not the lying.

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    Re: Supreme Court to hear election case

    Quote Originally Posted by scatt View Post
    Slander/libel is not speech.

    Really, a slanderous statement is "not speech"
    slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed.
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: Supreme Court to hear election case

    I'm not convinced that a special law for elections and politicians is necessary, and I haven't read the text of the law, but my impression of the law from the article is that it is consistent with existing case law regarding the constitutionality of slander/libel laws and should be upheld.

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    Re: Supreme Court to hear election case

    Quote Originally Posted by Somerville View Post
    Really, a slanderous statement is "not speech"
    It is a form of fraud.

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    Re: Supreme Court to hear election case

    Quote Originally Posted by scatt View Post
    It is a form of fraud.
    Clarify with "it's not a form of *free speech*"
    A screaming comes across the sky.
    It has happened before, but there is nothing to compare it to now.
    Pynchon - Gravity's Rainbow

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    Re: Supreme Court to hear election case

    Quote Originally Posted by scatt View Post
    It is a form of fraud.
    care to provide a case citation for your claim
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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