Legal question about political smear campaigns.

[rucky]

We've seen so many swiftboat-type ads that contain blatant lies and slanderous allegations. Why haven't any of these been challenged in court? (civil or maybe criminal)

So now if a corporate-sponsored campaign does the same, shouldn't someone be suing them for any inaccuracy they broadcast? Why aren't we seeing this? Maybe trial lawyers should get together to defend candidates from slander & police these ads. Free speech doesn't include slander - whether it's a corporation or a person doing the free (paid) speaking.

[FreakinDJ]

1. I imagine SCOTUS will be overwhelmed with responses

to this ruling by so many parties attempting to overturn it

I only pray that "Corporate Personhood" is successfully challenged and overturned once and for all. There seems to be an apple supply of intent by the Constitutional Framers (founding fathers) that Corporations be limited in their reach and scope

[sharesunited]

2. There is an FCC rule which prohibits broadcasters from censoring or refusing to run campaign ads.

The ad can be full of misinformation and distortions, but they are obligated to run it.

That complicates the ability to pursue judicial relief for such activity.

The other problem is that the tort of libel requires that you demonstrate harm. Since elective office is not the property of the candidate, losing it is not a loss for which a remedy can be fashioned.

[rucky]

3. If I were a candidate for a job, and someone made shit up about me

that blew my chances at getting the job, I'd have a case, right?

But candidates for public office have less rights - and now corporations have more.

Am I reading this right?

[sharesunited]

4. You'd have a nuisance suit with tremendous difficulties of proof as regards causation and damages.

Avoiding nuisance suits is why employers respond to background checks with very little qualitative information.

Politicians do occasionally bring such nuisance suits, though.

They are mainly intended to posture and shame.

Courts tend to view them as a waste of the court's time.

[NightWatcher]

6. plus I suspect that many of these ads will be single issue PAC's with no true leader to hold guilty

it will be smut and wedge issues.

[Phoebe Loosinhouse]

5. Fox News sued for the right to legally lie and won.

http://en.wikipedia.org/wiki/Jane_Akre

[groundloop]

7. The other problem is the time-lag

The asses who instigated this case wanted to air a smear-film about Hillary on national TV. IF they were able to, and IF someone sought legal recourse against them in civil court, the damage would have been done and the elections long since over.

[madmom]

8. How about some kind of fine or penance for perpetrating a provable lie?