Here in Washington State, there is a court struggle going on that pits the usual suspects against each other, but in interesting new roles.
From the AP via MSNBC:
Olympia, Wash. - Can political candidates lie about their opponents and chalk it up to free speech?
The Washington state Supreme Court is wrestling with how to balance the goal of fair-minded and civil campaigns with the First Amendment's broad guarantee of free speech.
The nine justices presided over a lively debate Thursday over whether the state's law regulating political advertising is constitutional. The case is No. 77769-1, Marilou Rickert vs. state of Washington and PDC.
An earlier law concerning truth in campaigning was overturned a couple of years ago by the state supreme court, and the replacement law gives a very limited authority to the Public Disclosure Commission to police the more egregious violations.
State Sen. Tim Sheldon, D-Potlatch, invoked the law in 2002 after his Green Party challenger, Marilou Rickert, distributed a flier that asserted that Sheldon voted to shut down a state institution in the district. In fact, he voted against a budget that included closure of the Mission Creek youth camp, although critics said he didn't do enough to support the facility.
It has gone back and forth through the courts, and finally ended up back where the issue started, in front of the state supremes.
Tim Sheldon is the T-Rex of Washington State DINO's, pretty much loathed by dems in the rest of the state, but his district seems to love him, returning him last cycle with 81% of the vote. While this time the challenge seems a little stiffer, he may very well win relection again.
The ACLU is argueing that this is a freedom of speech issue, which of course it is, and several groups have argued that allowing a commission to determine what is allowable political speech and what is not is a very bad idea.
On the other hand, this is a state with famously over-the-top political hit pieces, that in any other arena would be grounds for Zell Miller type blood-challenges.
It would be nice to have the campaign process cleaned up a little, but the question is still valid about methods.
Read the whole story here: http://www.msnbc.msn.com/...