In Ohio, a Law Bans Lying in Elections

Justices and Jesters Alike Get a Say

By ADAM LIPTAK, NYT
MARCH 24, 2014

WASHINGTON — The Supreme Court gives lawyers who argue before it a little guidebook. One tip: “Attempts at humor usually fall flat.”

P. J. O’Rourke, the satirist, is taking his chances. He has filed a funny supporting brief in a Supreme Court case over what the government can do to address lies in election campaigns. Mr. O’Rourke says spin and smear are central to American democracy.

But his brief, amusing though it is, cannot compete with the work of a professional politician. Michael DeWine, Ohio’s attorney general, is filing briefs on both sides of the case.

“It certainly is rare, and it should be rare,” Mr. DeWine, a Republican, said in an interview. But he said he had dual constitutional obligations.

One was to defend an Ohio law that makes it a crime to say all sorts of false things during political campaigns. The other was to explain to the justices how enforcement of the law can do violence to the First Amendment.

(More here.)