February 21, 2015
After the free speech decision in United States v. Alvarez and the clear perspective of the high court on the standing issue in the Susan B. Anthony List case, it is clear that it is just a matter of time until the U.S. Supreme Court accepts a case on and strikes down a state statute outlawing false political speech.
It is, of course, our hope that that case ends up being the Susan B. Anthony List, a second time. But, today the United States Supreme Court considered in conference a form of the question in Clayton v. Niska. There, the issue presented is:
Whether a state statute banning false political speech is narrowly tailored to meet a compelling state interest when such ban covers both implicit and indirect claims of political support.
A decision on whether to accept cert. on that case is expected to be announced next week.