A Federal Judge agreed on Monday, to Block for now, any Enforcement of a State Law, in a Political Ad Investigation of North Carolina Attorney General Josh Stein’s Campaign, saying it’s likely to win on Legal Claims that the Law is Unconstitutional.
Following a Court Hearing in Greensboro, U.S. District Judge Catherine Eagles ruled for Stein’s Campaign and other Plaintiffs, who filed an unusual Lawsuit, last week, against State Board of Elections Members and Wake County District Attorney Lorrin Freeman.
The Temporary Restraining Order that Eagles signed, means that Freeman’s Office is prevented from using that Law to Prosecute anyone associated with a 2020 Commercial that the Democratic Incumbent aired against then-Republican Challenger Jim O’Neill.
The Law prohibits anyone from knowingly Publishing or Circulating False information about a Candidate with the intent of Hurting that Candidate’s chances in the Election. It enabled an ongoing Investigation into the Stein Commercial, which focused on Untested Rape Kits held by Local Law Enforcement agencies.
O’Neill’s Campaign cited the law in his September 2020 Election Board Complaint against Stein’s campaign Committee over the Ad.
That led to Interviews by Board Investigators, while the State Bureau of Investigation later talked to Stein, his Campaign Staff, and a woman who appeared in the Ad.
The Plaintiffs called the Law overbroad and outdated, and said it Fails to Protect core Political Speech, leading it to Violate the First Amendment.
But Free Speech is Not Free, when the Speech includes False or Harmful information.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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