The State of Ohio is playing for time in its defense of its “false campaign statements” statute. It wants the case now before the Supreme Court decided on ripeness, win or lose; it wants to hold off a decision on the constitutionality of its law. Some, Rick Hasen among them, believe that this might work. But then again, it might not, and the law could well be put out to pasture without further ado. The petitioner has argued in clear terms that the law is unconstitutional and that, on this point, the recent decision in United States v. Alvarez is dispositive. Petition for Writ of Certiorari at 6-7, Susan B. Anthony List v. Driehaus, 134 S.Ct. 895 (2014) (No. 13-193). And the Court could agree, motivated as well to spare the petitioner another expensive, time-consuming tour through the courts to win the victory that it is virtually guaranteed.
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