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Susan B. Anthony List v. Driehaus

Citations: 814 F.3d 466; 2016 FED App. 0048P; 2016 U.S. App. LEXIS 3186; 2016 WL 731971Docket: No. 14-4008

Court: Court of Appeals for the Sixth Circuit; February 23, 2016; Federal Appellate Court

Narrative Opinion Summary

This case involves a constitutional challenge to Ohio's political false-statements laws by Susan B. Anthony List and the Coalition Opposed to Additional Spending and Taxes, asserting violations of the First and Fourteenth Amendments. The district court granted summary judgment in favor of the plaintiffs, ruling that these laws are unconstitutional content-based restrictions on political speech that fail strict scrutiny. The laws prohibit knowingly false statements about political candidates and impose criminal penalties. The court found the laws overly broad, inadequately tailored to uphold electoral integrity, and inconsistent with the First Amendment, particularly in light of United States v. Alvarez, which affirmed protections for false speech absent intent to deceive. Procedural issues, including the allowance of frivolous complaints and potential political harm from unresolved allegations, were cited as further deficiencies. The court's decision aligned with the trend in post-Alvarez case law, where similar statutes in other jurisdictions were invalidated for similar reasons. The Commission's appeal was deemed unpersuasive, and the district court's ruling was affirmed, solidifying the unconstitutional status of Ohio’s statutes.

Legal Issues Addressed

Constitutional Protections for False Speech

Application: The ruling in United States v. Alvarez challenges the notion that false statements lack First Amendment protections unless intended to deceive.

Reasoning: The Supreme Court's ruling in United States v. Alvarez, 132 S.Ct. 2537 (2012), effectively overturns the reasoning established in Pestrak regarding the protection of false speech under the First Amendment.

First Amendment and Political Speech

Application: The district court found that Ohio's political false-statements laws impose content-based restrictions infringing upon protected political speech, failing strict scrutiny.

Reasoning: The district court ruled in favor of SBA List and COAST, granting summary judgment and a permanent injunction, stating the laws impose content-based restrictions that infringe upon protected political speech and are not narrowly tailored to serve the state's interest in fair elections.

Procedural Challenges in Election Law

Application: Ohio's laws are critiqued for allowing frivolous complaints and political damage without timely resolution, undermining the electoral process.

Reasoning: Key deficiencies in Ohio’s laws include...Complaints filed close to an election may not be resolved in time for candidates to counter false information, with some complaints potentially lingering for six months if filed outside a specified timeframe.

Strict Scrutiny and Content-Based Restrictions

Application: The court applied strict scrutiny to Ohio's political false-statements laws, determining they are overly broad and not narrowly tailored to achieve a compelling state interest.

Reasoning: Ohio’s political false-statements laws govern speech specifically regarding political candidates during elections, qualifying them as content-based restrictions. Although Ohio asserts compelling interests in election integrity and preventing voter confusion, the challenge lies in demonstrating that these laws are narrowly tailored to achieve those interests, as laws rarely withstand strict scrutiny.