A candidate for State Representative in Massachusetts swore out a criminal complaint against the leaders of a Political Action Committee who, just before an election, published brochures saying this about the Representative’s work as a criminal defense lawyer –

he “chose convicted felons over the safety of our families” and

he “is putting criminals and his own interest above our families”.

The criminal charges issued, the leaders of the PAC moved to dismiss them. The Representative narrowly won re-election. The question of the validity of the criminal law that was used to bring the charges was put to the Supreme Judicial Court. The case is Commonwealth v Lucas.

The law criminalizes making or publishing “false statements” in relation to any candidate which tends to aid or injure or defeat such candidate.

Because this law imposed restraints on the content of protected speech, the SJC struck it down.

Commentary – Political speech is the hardest to regulate and it should be. The Court said, “the solution is counterspeech”.