Victory! In a powerful defense of free speech, the Massachusetts high court has struck down a ban on “false” campaign speech.

Our amicus brief urged the Supreme Judicial Court to find unconstitutional a state statute, c. 56, § 42, making it a crime to make false statements relating to a candidate for nomination or election to public office where the statement is designed or tends to aid or to injure or defeat such candidate. The responsibility for judging and evaluating political claims and charges lies with the people.


Matthew Segal, Sarah Wunsch (ACLU of Massachusetts); H. Reed Witherby (Smith Duggan Buell & Rufo LLP)