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Old 04-25-2014, 09:08 AM
 
1,967 posts, read 1,310,161 times
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I do not live in Ohio. Readers may consider me as a carpet bagger but the term “plastic bagger” would be closer to the truth.

This year the U.S. Supreme Court will soon publish their decision regarding an Ohio law that criminalize the inducement of false political statements to be published.
[I have not yet obtained a copy of the statutes and am assuming that’s the gist of the Ohio law being challenged].
Plaintiffs argue that the Ohio law is contrary to the U.S. constitution's first amendment; (i.e. freedom of speech amendment). I agree with the preponderance of opinions; the Ohio law will be found unconstitutional. I would regret any government being the ultimate identifiers of what is a criminally published falsehoods and criminalizing political falsehoods would create rather than reduce the mischief due to such falsehoods.

Would it be unconstitutional for Ohio law to enable citizen’s right to sue individuals or organizations for deliberately or recklessly contributing or enabling or causing the publication of a falsehood that likely would or did materially affect a political election held within Ohio?

Such suits would be civil rather than criminal matters. The plaintiffs’ legal basis would be as voters in Ohio that are or could be directly or indirectly affected by the elections in question.

Couldn’t Ohio law be drafted that could recognize such false hoods that may or have materially may have caused public officials’ retaining or obtaining their offices?

As consequences of public officials' admissions of such a false hoods, or if within a court in Ohio they were found personally liable due to such falsehoods, Ohio law could recognize those falsehoods as grounds for the office holders to be impeached from their offices.

Vulnerability to impeachment does not necessarily mandate that the appropriate governing body must impeach the office holder. The ability or right to impeach does not absolutely mandate that the governing body must impeach.
But there are usually political consequences for obviously grievous failure of a government body to ignore public awareness of any lack of diligence on behalf of the state or the state’s voters.

On the other hand I would hope that Ohio and the great preponderance of our other states have stringent requirements to be met in order to remove elected and appointed officials from their offices; impeachments should not be taken lightly.

Ohio laws would have no jurisdiction upon elected or appointed federal officials but Ohio civil laws would have jurisdiction over candidates participating in elections conducted within Ohio.

Ohio cannot determine the rules governing the U.S. Congress; each congressional chamber makes their own rules and the U.S. Congress makes or modifies federal laws. U.S. Congress could use Ohio laws as a model for federal laws.

Respectfully, Supposn

Last edited by Supposn; 04-25-2014 at 09:21 AM..
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