A federal appeals court reversed a district court decision in nullifying a Minnesota law passed in 1913 banning false statements about ballot questions. The case concerned a school bond election and false statements reputably made by opponents of the bonds. (Minneapolis Star Tribune, September 3, 2014, by Randy Furst)
In making their decision the Eight Circuit held that to ban false statements on ballot measures, the state’s ban must be “narrowly tailored to a compelling state interest.” The decision was in concert with the Ninth Circuit Stolen Valor Act decision United States v. Alvarez but conflicted with other federal court findings. It is likely that the U.S. Supreme Court will hear a case allowing them to rule on any First Amendment exception for making knowing or reckless false statements of fact. (The Volokh Conspiracy in the Wasington Post, April 29, 2014, by Eugene Volokh)