Susan B. Anthony List v. Driehaus

814 F.3d 466 (2016)

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Susan B. Anthony List v. Driehaus

United States Court of Appeals for the Sixth Circuit
814 F.3d 466 (2016)

  • Written by Liz Nakamura, JD

Facts

In 2010, Susan B. Anthony List (SBAL) (plaintiff) issued a press release including allegedly false statements about then-Congressman Steven Driehaus (defendant). Driehaus filed a complaint with the Ohio Elections Commission (the commission), arguing that SBAL’s press release violated Ohio’s statutory political-false-statement prohibition (the PFS prohibition). After a probable-cause hearing, the commission determined that SBAL likely violated the PFS prohibition. In response, SBAL sued Driehaus in federal court, arguing that Ohio’s PFS prohibition violated the First Amendment because it was a content-based speech restriction. The district court agreed, granted SBAL summary judgment, and issued a permanent injunction against Ohio’s PFS prohibition. Driehaus appealed, arguing that the district court erred by evaluating the law using strict scrutiny instead of intermediate scrutiny.

Rule of Law

Issue

Holding and Reasoning (Cole, C.J.)

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