Stephen Driehaus (defendant) filed a complaint with the Ohio Election Commission claiming that the Susan B. Anthony List (SBA) (plaintiff) planned to publish advertisements containing defamatory statements about him. The proposed advertisements stated that Driehaus voted for taxpayer-funded abortion and that Driehaus ordered a company that operated billboards in the state to decline to put up SBA’s advertising until the commission settled the matter. Driehaus had a reputation as a pro-life congressman. SBA filed suit seeking a declaratory judgment and an injunction against the commission. Driehaus filed a counterclaim for defamation. SBA filed a motion for summary judgment, arguing that its statements were not defamatory.