OLYMPIA — Political candidates in Washington would once again be banned from telling lies on the campaign trail under a proposed law approved Monday by the state House.
The bill, passed out of the House on a 92-2 vote, seeks to reinstate an old law that was thrown out on free speech grounds by the state Supreme Court in 2007. The court said the state’s former ban on lying in campaigns violated the First Amendment because it did not require proof that campaign falsehoods were defamatory.
Rep. Mark Miloscia, D-Federal Way, said this year’s attempt at reinstating the ban on campaign lies addresses the court’s problems with the old law. Specifically, the bill approved Monday would prohibit false statements that are libelous or defamatory, and committed with actual malice — a key legal test in free speech case law.
“This bill simply establishes some overdue minimum standards of honesty and decency in political campaigning,” said Miloscia, the bill’s prime sponsor. The bill, which was requested by the state Public Disclosure Commission, now moves to the state Senate for further consideration.
One of the “no” votes Monday was cast by Rep. Jamie Pedersen, D-Seattle. Pedersen, an attorney, said the bill still doesn’t go far enough to cure the potential infringement on First Amendment protections of speech.
“I think the court was very clear that political speech is at the heart of what the First Amendment is about,” Pedersen said.
Lawmakers should leave it to voters to determine whether a candidate is being truthful, and keep government regulations out of the mix, Pedersen said. Rep. Bruce Chandler, R-Granger, cast the other “no” vote.
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