Commonwealth v. Lucas

This case concerns the constitutionality of G. L. c. 56, § 42 (§ 42), which criminalizes certain false statements about political candidates or questions submitted to voters. Melissa Lucas was charged with violating the statute after her political action committee published brochures criticizing a candidate for public office. For the reasons set forth below, we conclude that § 42, on its face, is inconsistent with the fundamental right of free speech guaranteed by art. 16 of the Massachusetts Declaration of Rights. Accordingly, the statute is invalid and the criminal complaint charging Lucas…