Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided April 14, 2000Published

1Opinion of the Court

The Honorable Ed Wilkinson State Representative P.O. Box 610 Greenwood, AR 72936-0610

Dear Representative Wilkinson:

I am writing in response to your request for my opinion on the following question, which you indicate has been posed by one of your constituents:

Can the legislature constitutionally limit time periods of paid media campaigning before elections for candidates and/or ballot titles?

RESPONSE

In my opinion, the answer to your question is "no."

The First Amendment to the U.S. Constitution, which applies to the states through the Fourteenth Amendment, prohibits laws "abridging the freedom…

2Cases cited39 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Roth v. United StatesSupreme Court of the United States · 1957
  5. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958

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