The law prohibits anyone from knowingly publishing or circulating false information about a candidate with the intent of hurting that candidate’s chances in the election. It enabled an ongoing investigation into the Stein commercial, which focused on untested rape kits held by local law enforcement agencies.
O’Neill’s campaign cited the law in his September 2020 election board complaint against Stein’s campaign committee over the ad. That led to interviews by board investigators, while the State Bureau of Investigation later talked to Stein, his campaign staff and a woman who appeared in the ad. The plaintiffs called the law overbroad and outdated and said it fails to protect core political speech, leading it to violate the First Amendment.
In her order, Eagles wrote that a temporary order was necessary because the plaintiffs and others would have been subject to potential criminal prosecution for violating an overly broad criminal libel statute before