Uncle Roy has got to be so proud of his lil’ Josh. The little guy managed to find a judge to Ok lying:
A state law that bans the publication of “derogatory” falsehoods about politicians likely violates the U.S. Constitution, a federal judge said Monday, siding with Attorney General Josh Stein in a ruling that will keep Stein’s campaign from facing any criminal charges under the law for now. Stein’s campaign faces a criminal investigation based on the law, he revealed last week. But his campaign sued, arguing in court filings and an interview with The News & Observer that the century-old law is clearly unconstitutional and that courts in numerous other states have already struck down similar laws for violating the First Amendment.
The law makes it a misdemeanor for anyone to publish or circulate a claim about a candidate for office that either is false, or was made with “reckless disregard of its truth or falsity.”
The federal judge assigned to the case, Catherine Eagles, quickly agreed that the law seems unconstitutional. A nominee of Democratic President Barack Obama, Eagles wrote that Stein’s campaign and the other plaintiffs in the case are likely to win on their argument that the law “is unconstitutional under the First Amendment to the United States Constitution.” She granted the Stein campaign’s request for a temporary restraining order. A trial can still go forward, so the government will get the chance to argue in favor of the law if it chooses, but for now the order Monday is a win for the Democratic attorney general’s campaign.[…]
How is this different than slander and libel laws that are on the books and used ALL the time in various and sundry lawsuits? Slander and libel laws apparently don’t violate the First Amendment.
This particular law had to be struck down because it caused problems for North Carolina Democrats’ Great White Hope.
What’s so bad about trying to extricate lying from political campaigns? People are already going to outrageous lengths to win elections. I was involved in a legislative campaign not long ago where consultants working for the Senate leadership were fabricating charges against the incumbent’s primary opponent. They even included footnotes in their attack ads that led to non-existent news stories.
The 20-week cutoff on abortions was passed by our duly elected legislature. It was struck down because of Roe v. Wade. Roe was found to be unconstitutional. But Lil’ Josh will not lift a finger to get the 20-week cutoff reinstated. The law is blocked by something that has been found unconstitutional. Lil’ Josh’s inaction on this removes him from the public servant niche and drops him into the partisan politico niche. He’s not working for “the people.” He’s working for himself and his party.
You’ll see a lot more of that if you put this doofus into the Governor’s Mansion.