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State of Washington v. 119 Vote No! Committee

957 P.2d 691 (1998)

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State of Washington v. 119 Vote No! Committee

Washington Supreme Court
957 P.2d 691 (1998)

  • Written by Heather Whittemore, JD

Facts

Initiative 119, a ballot initiative aimed at legalizing assisted suicide, was being considered in Washington State. The 119 Vote No! Committee (the Committee) (defendant) opposed the initiative and placed an advertisement that claimed the initiative would legalize assisted suicide with no safeguards, implying that doctors could coerce vulnerable people to end their lives with no reporting or family-notification requirements. The state of Washington (plaintiff) sued the Committee, alleging that the Committee had violated Revised Code of Washington § 42.17.530(a)(1) by publishing a materially false political statement with actual malice. The trial court dismissed the case, finding that the Committee’s advertisement did not contain materially false statements. The American Civil Liberties Union (ACLU) intervened, seeking a declaratory judgment that the statute was invalid because it unconstitutionally limited free speech. Washington defended the law, arguing that the state had an interest in ensuring the electorate was properly informed. The trial court held that the statute was facially valid. The Committee and the ACLU appealed.

Rule of Law

Issue

Holding and Reasoning (Sanders, J.)

Concurrence (Talmadge, J.)

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