Restoring less-speech-restrictive alternatives

Article Abstract:

The US Supreme Court's decision in Ward v. Rock Against Racism appeared to establish a contradictory standard of review for government restrictions on free speech that are content-neutral. The Court stated that in assessing whether or not a regulation restricts substantially more speech than is necessary lower court should not consider whether less-restrictive means exist. The US Court of Appeals for the D.C. Circuit has interpreted Ward by closely scrutinizing the government's interest. Another approach would be to employ the less-restrictive-means test when a particular medium is banned completely.

Public forum doctrine (Law)

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Exposing the stealth candidate: disclosure statutes

Article Abstract:

The US Supreme Court's ruling in McIntyre v. Ohio Elections Commission should not call into question the constitutionality of state statutes requiring disclosure of sponsor identity on television commercials for candidates for public office. The Court struck down a statute that required disclosure on a local tax measure leaflet. Political candidates do not have the same privacy rights as other citizens, and accountability in political advertising is promoted by disclosure. McIntyre should be construed narrowly to uphold television advertising disclosure laws.

Political campaigns, states

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Nothing but the truth; courts strike down bans on false political ads, hunter criticism

Article Abstract:

Two state supreme courts made free speech rulings involving false political advertising and animal rights in 1998. The Washington Supreme Court ruled in State Public Disclosure Commission v. 119 Vote No.! Committee that a state truth-in-politics law violated the First Amendment.The court ruled that defamation laws could not be used to justify limits on lies about political issues. The Illinois Supreme Court ruled in People v. Sanders that laws preventing hunter harassment violated the content of expression.

Illinois, False advertising, Washington (State)

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