By Richard Winger On August 6, the Massachusetts Supreme Judicial Court issued a 31-page opinion in Commonwealth v Melissa Lucas. The opinion strikes down a 1947 Massachusetts law that provides “no person shall make or publish any false statement in relation to any candidate for nomination or election to public office, which is designed or tends to aid or to injure or defeat such candidate.” The law has another section applying to ballot measures.
The opinion is based on the Free Speech portion of the Massachusetts Constitution, and was unanimous. …read more