Thankfully, Jay Inslee's Unconstitutional Bill To Criminalize Political Speech Dies In The Washington Senate

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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  1. icon
    Samuel Abram (profile), 18 Feb 2022 @ 12:15pm

    Here's hoping...

    ...that EARN IT and the stampede of similar atrocious unconstitutional legislation in the federal legislature dies as well.

    I'm not too optimistic, though...

    link to this | view in thread ]

  2. icon
    Vermont IP Lawyer (profile), 18 Feb 2022 @ 12:29pm

    Larry Tribe

    Could someone explain when/why Larry Tribe got classified as highly biased? All the references I've found to him on Techdirt are quite positive (e.g., "famed constitutional scholar, Laurence Tribe"). What did I miss?

    link to this | view in thread ]

  3. identicon
    Glenn, 18 Feb 2022 @ 12:30pm

    Stopping lying politician? Well, yeah, that's what elections are for... in theory.

    link to this | view in thread ]

  4. icon
    PaulT (profile), 18 Feb 2022 @ 2:35pm

    Re: Larry Tribe

    A quick search gives me things like this:

    "I have tremendous respect for Tribe and his knowledge of the Constitution, but in the last few months, it seems his hatred of Trump is interfering with his more traditional ability to actually look at the issues carefully. "

    https://www.techdirt.com/articles/20170424/01483737214/stop-it-trumps-lawyers-did-not-say-th at-protestors-have-no-first-amendment-right-to-dissent.shtml

    I'm not sure of the current details but that suggests to me that something did change in recent years,

    link to this | view in thread ]

  5. icon
    Mike Masnick (profile), 18 Feb 2022 @ 2:49pm

    Re: Larry Tribe

    During the Trump era, he fell in with a weird bunch, and seemed to have lost the plot: https://www.buzzfeednews.com/article/josephbernstein/larry-tribe-why

    link to this | view in thread ]

  6. identicon
    Pixelation, 18 Feb 2022 @ 7:36pm

    It seems like Bills that go up for vote need to go through a simple judicial review to determine if they are a legal dumpster fire, like this one and can just be flushed.

    link to this | view in thread ]

  7. identicon
    Anonymous Coward, 18 Feb 2022 @ 11:31pm

    Ah yes...

    The Big Lie...

    Which one?

    Trump colluded with Russia and needed a 3 year investigation that turned up nothing?

    That someone who was ODing on meth died at the hands of cops?

    That the Hunter Biden laptop story wasn't real and that the media was 100% fair and honest?

    That someone other than Ashleii Babbit (who was killed by an ACAB) was killed in D.C. on Jan. 6th?

    Come on. Tell me. Because there's that and many, many more that have been pushed out.

    link to this | view in thread ]

  8. icon
    nasch (profile), 22 Feb 2022 @ 7:00pm

    Re: Ah yes...

    link to this | view in thread ]


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