Right-Wing Figure Challenges North Dakota Law on Political Speech
Brandon Prichard, a former lawmaker known for spreading false political claims, has filed a federal lawsuit against North Dakota’s election law. The law in question criminalizes dishonest political advertisements and communications.
Overview of North Dakota Law
The North Dakota Century Code, section 16.1-10-04, classifies the publication of untrue, deceptive, or misleading political ads as a Class A misdemeanor. This applies to messages supporting or opposing candidates, ballot measures, constitutional amendments, or other election issues. The law covers various media, including radio, TV, newspapers, text messages, calls, pamphlets, posters, billboards, websites, and social media.
Legal Arguments and Precedents
Prichard claims the law is unconstitutional. Courts in other states have invalidated similar statutes.
"The courts have reached that conclusion about similar laws in other states."
For example, federal courts struck down an Ohio law banning false political claims despite acknowledging the plaintiff ran factually inaccurate ads.
Additionally, the U.S. Supreme Court repealed the Stolen Valor Act of 2005, which prohibited lying about military honors.
"Supreme Court struck down the federal Stolen Valor Act of 2005, which made it a crime to lie about receiving a military medal."
Implications
This lawsuit challenges the limits of regulating political speech, emphasizing the tension between combating misinformation and protecting free speech rights.
"The law is clearly unconstitutional."
Author's summary: The lawsuit against North Dakota's law banning false political ads highlights ongoing debates about free speech versus regulation of misleading political messaging.