The U.S. Supreme Court ruled unanimously today a state that bans political speech they deem to be false can be sued in federal court.
The case stemmed from an anti-abortion group that accused a Democratic congressman of being in favor of taxpayer funded abortions because he voted for healthcare reform.
It’s important to note the Supreme Court’s ruling simply states the Susan B. Anthony Fund can move forward with their lawsuit against the state of Ohio. It did not make a determination about the merits of the case.
USA Today reports the ruling could be a big factor in future elections.
The significance could be widespread if the group ultimately wins, because it intends to spend millions of dollars spreading the same message in an effort to help Republicans win the Senate this fall.
The justices said laws such as those in Ohio and 15 other states can chill free speech even when they are not enforced through criminal prosecution. They rejected the state’s argument that the challengers had no right to sue.
The question before the court was relatively narrow — whether the Susan B. Anthony List and an anti-tax group accused of lying had legal standing to challenge Ohio’s ban, or whether the case was premature.
Two lower courts had thrown out the challenge because a lawsuit threatened by the accused congressman, Steve Driehaus, had stopped a billboard company from posting the advocacy groups’ attacks. Driehaus then lost his 2010 election and dropped his complaint and legal threat.
