The NYT reports today that the Supreme Court of Washington struck down a state law against political lying. Four of nine justices concluded that the electorate alone may judge the truth or falsity of candidates’ statements about each other. A fifth justice concurred on the ground that political speech crosses the line only when the speaker lies with actual malice and the falsehood harms the opponent’s reputation. The minority thought that the requirement of actual malice in the law saved it.
Barry Barnett
