Legal Opinion

McKimm v. Ohio Elections Commission

Ohio Supreme Court

Decided June 14, 2000No. 99-305PublishedCited by 62 opinions

1Opinion of the CourtCook, J.

The cartoon drawing at the heart of this case presents this court with an opportunity to clarify the relationship between Ohio’s election laws and the constitutional guarantees of free speech. The General Assembly empowered the Ohio Elections Commission to investigate allegations regarding the dissemination of false and misleading statements by candidates for public office in Ohio, and to take appropriate action when it concludes that a violation has occurred. The commission may exercise its authority, however, only when that authority does not clash with the freedoms of speech and press…

2Cases cited22 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. St. Amant v. ThompsonSupreme Court of the United States · 1968
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

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3Cited by62 opinions

  1. Wampler v. HigginsOhio Supreme Court · 2001
  2. Boyce & Isley, PLLC v. CooperCourt of Appeals of North Carolina · 2002
  3. Portia Boulger v. James WoodsCourt of Appeals for the Sixth Circuit · 2019
  4. Carlo Croce v. New York Times Co.Court of Appeals for the Sixth Circuit · 2019
  5. Office of Disciplinary Counsel v. GardnerOhio Supreme Court · 2003

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