Isn’t this prior restraint? And isn’t it unconstitutional?
The Milwaukee Journal Sentinel is reporting that a Jackson County judge has temporarily ordered a stop to political radio advertisements being run by Middleton-based Coalition for America’s Families. The ads attack Assembly candidate Mark Radcliffe, a Democrat.
Here’s a link to the story. The Journal Sentinel writes:
“A judge’s apparently unprecedented decision Saturday to order a halt to political ads before hearing from the ad’s sponsors drew immediate criticism as an unfair restraint of free speech.”
Jackson County Circuit Court Judge Thomas Lister said the Coalition for America’s Families likely violated Wis. Stat. § 12.05, which says that “No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which is intended or tends to affect voting at an election.” Lister also said it is likely that the Coalition for America’s Families “has made false statements with actual malice regarding plaintiff (Radcliffe).”
Lister is defending his ruling. He’s quoted in the Milwaukee Journal Sentinel as saying:
“The law, I think, called for it.”
On Saturday night, the Associated Press filed a wire story as well, including comment from Coalition for America’s Families’ spokesman R.J. Johnson. The AP quotes Johnson:
“We are immediately filing an appeal to protect our Constitutional right to discuss ideas of public importance freely and without government interference,” Johnson said in the statement. “That the judge has chosen to protect a partisan political ally at the expense of the U.S. Constitution is unconscionable.”
Assembly Democratic Campaign Committee Director Jim Smith hailed the ruling in a press release sent out on Saturday.
“This is a historic day for clean elections in Wisconsin,” said Smith. “I am asking all media to immediately take heed of the temporary restraining order issued by Judge Lister this morning and stop playing these false ads.”
A hearing on the matter is expected to take place on Sunday.
- Download a copy of the Temporary Restraining Order
- Download a copy of the letter sent from Radcliffe’s attorney to radio stations
- WisPolitics.com: Coalition for America’s Families press release
- WisPolitics.com: DPW press release
- WisPolitics.com: RPW press release
