Fight Continues Against Ohio Election Law
In 1974, a law was approved by legislature in Ohio that prohibited anyone from making false statements concerning a candidate or public official’s voting record. Statements also could not be used to distribute information about an opponent that was known to be false. Many tensions have arisen in recent years over this law, particularly in the 2010 campaign, wherein the Susan B. Anthony List wanted to pay for a billboard advertisement that sought to accuse Steve Driehaus of using taxpayer’s money to pay for abortions. Driehaus was running for reelection for the House of Representatives. He filed a complaint with the Ohio Elections Commission, which found probable cause that the ad violated the Ohio election law. Regardless of the findings, the damage was already done, as Driehaus lost the election.
According to an article recently completed by The Columbus Dispatch, since then, the Susan B. Anthony List has teamed up with the Coalition Opposed to Additional Spending and Taxes—otherwise known as COAST—to take on the Ohio election law. They have filed suit in federal court, claiming that the law violates the Constitution, specifically the First Amendment’s right to freedom of speech.
The United States Supreme Court unanimously decided that US District Court Judge Timothy Black could hear the case. In this decision, the Supreme Court chose not to strike down the law, sending the clear signal that the majority of justices believe the law might violate the First Amendment. Resolution and rounds of appeals could take years to unravel; therefore, attorneys for the Susan B. Anthony List and COAST will be asking Black to issue a preliminary injunction. If Black agrees and the ruling remains uncontested, the Ohio election law will not be enforced during this election year.
