from the don’t-criminalize-free-speech dept

Over the last few years, it’s been depressing to see politicians from both major political parties attacking free speech. As we noted last month, Washington state governor Jay Inslee last month started pushing a bill that would criminalize political speech. He kept insisting that it was okay under the 1st Amendment because he got a heavily biased constitutional lawyer, Larry Tribe, to basically shrug and say “maybe it could be constitutional?” But the bill was clearly problematic — and would lead to nonstop nonsense lawsuits against political candidates.

Thankfully, cooler heads have prevailed in the Washington Senate and the bill has died. The bill’s main sponsor is still insisting that it would survive 1st Amendment scrutiny, but also recognized that it just didn’t have enough political support:

State Sen. David Frockt (D), who sponsored the bill, said, “We have to respect that the bill in its current form did not have enough support to advance despite the care we took in its drafting through our consultation with leading First Amendment scholars.”

Inslee, for his part, still insists something must be done:

After the bill was defeated on Tuesday, Inslee said in a statement, “We all still have a responsibility to act against this Big Lie … we must continue to explore ways to fight the dangerous deceptions politicians are still promoting about our elections.”

And, look, I don’t disagree that the Big Lie about the 2020 election is a problem. But you don’t solve problems by censoring 1st Amendment protected speech. That never ends well. At all.

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Filed Under: 1st amendment, election misinformation, free speech, jay inslee, lies, misinformation, political speech, washington


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