Free Speech
281 Care Committee v. Arneson
What the court held
The Eighth Circuit held Minnesota's false political speech statute, Minn. Stat. section 211B.06, unconstitutional under the First Amendment. Applying strict scrutiny, the court concluded the statute was neither narrowly tailored nor the least restrictive means of serving any compelling interest, and it reversed and remanded.
What it means
The government does not get to referee political debate by criminalizing what it deems false campaign speech. Counter-speech, not prosecution, is the remedy the First Amendment contemplates.
The decision removed the threat of criminal complaints under section 211B.06 from Minnesota ballot-question campaigns.
Decided on the merits by the Eighth Circuit on September 2, 2014. The judgment was reversed and the case remanded for further proceedings.