Washington Post v. McManus

A Maryland statute required newspapers and other online platforms to meet disclosure obligations regarding political advertising on their websites. Specifically, within 48 hours of a political advertisement being purchased, a platform was required to display on its website (1) the ad purchaser’s name and contact information, (2) the identity of the treasurer of the political committee or other individuals exercising control over the ad purchaser, and (3) the amount paid for the advertisement. The platforms were required to retain this information on their websites for at least one year after the election so the information could be viewed on request by the Maryland Board of Elections (MBOE). The websites were also required to collect and maintain records concerning the type and timing of the advertisement, where the advertisement was disseminated, and data regarding exposure to the advertisement. As a result of the Maryland statute, Google stopped hosting political advertisements in Maryland, and other platforms indicated that they would also stop hosting political advertisements in Maryland if the statute were enforced against them. One Maryland state political candidate asserted that Google’s cessation of political-advertisement hosting harmed his campaign and that other candidates for local and state elections would have trouble communicating with voters if newspaper websites stopped hosting political advertisements. The Washington Post and other news outlets operating in Maryland (collectively, the publishers) brought an action in federal district court against MBOE Chairman David McManus and other MBOE members (defendants), alleging that the Maryland statute’s disclosure obligations violated the First Amendment. The publishers sought injunctive relief to prevent enforcement of the statute as applied to them. The district court granted the requested injunction, and McManus and the other MBOE members appealed.