“A political committee called the Susan B. Anthony List (SBA) wanted to erect billboards criticizing an incumbent congressman. The congressman complained to the Ohio Elections Commission (OEC). The OEC found probable cause that the SBA billboards violated the law! Fearing prosecution, the billboard company refused the ads. So much for free expression. But it gets worse… The congressman lost re-election. He then strategically withdrew his complaint. Two federal courts declined to hear the case, since no one was currently being prosecuted. But the Supreme Court disagreed. They’re taking the case.”
https://secure.downsizedc.org/blog/should-it-be-illegal-to-criticize-a-congressman
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