Attorney: Court ruling lets Ohio political candidates lie
Lawyer Blogs
Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.
Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.
In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.
Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."
Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.
Related listings
-
Court to weigh cocaine cases, could alter sentencing in Ohio
Lawyer Blogs 02/10/2016Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement. The state Supreme Court will hear arguments Tuesday...
-
Perry's indictment in hands of top Texas criminal court
Lawyer Blogs 11/20/2015Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run. After two hours of arguments,...
-
Appeals court upholds injunction halting health mandate
Lawyer Blogs 09/18/2015A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of dire...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.