Schatz v. REPUBLICAN STATE LEADERSHIP COMMITTEE

DECISION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS

D. BROCK HORNBY, District Judge.

Introduction

Elections unsurprisingly are often rough-and-tumble events. But candidates become justifiably outraged when they are falsely accused, especially when the close date of the election prevents an effective rebuttal, and especially when the accusation is made not even by the opponent but by relatively anonymous outsiders. Nevertheless, in the service of robust public discourse, the First Amendment protects statements made in a campaign even if they turn out to be false — unless the speaker knows the…