SUSAN B. ANTHONY LIST v. DRIEHAUS

No. 14-4008.

814 F.3d 466 (2016)

SUSAN B. ANTHONY LIST; Coalition Opposed to Additional Spending & Taxes, Plaintiffs-Appellees, v. Steven DRIEHAUS, Defendants, Ohio Elections Commission; John R. Mroczkowski; Bryan Felmet; Charles E. Calvert; Jayme P. Smoot; Harvey H. Shapiro; Degee Wilhelm; Larry L. Wolpert; Philip Richter, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2016.


Attorney(s) appearing for the Case

ARGUED: Tiffany L. Carwile , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Yaakov M. Roth , Jones Day, Washington, D.C., for Appellee Susan B. Anthony List. ON BRIEF: Tiffany L. Carwile , Bridget C. Coontz , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Yaakov M. Roth , Michael A. Carvin , Jones Day, Washington, D.C., David R. Langdon , Langdon Law LLC, West Chester, Ohio, for Appellee Susan B. Anthony List. Curt C. Hartman , The Law Firm Of Curt C. Hartman, Cincinnati, Ohio, Christopher P. Finney , Finney Law Firm LLC, Cincinnati, Ohio, for Appellee Coalition Opposed to Additional Spending. Deborah J. Dewart , Swansboro, North Carolina, Maurice A. Thompson , 1851 Center for Constitutional Law, Columbus, Ohio, David J. Carey , Thompson Hine LLP, Columbus, Ohio, John K. Bush , Bingham Greenebaum Doll LLP, Louisville, Kentucky, John C. Eastman , Center For Constitutional Jurisprudence, Orange, California, Allen Dickerson , Center For Competitive Politics, Alexandria, Virginia, for Amici Curiae.

Before: COLE, Chief Judge; SUTTON, Circuit Judge; BELL, District Judge.


OPINION

Susan B. Anthony List ("SBA List") and the Coalition Opposed to Additional Spending and Taxes ("COAST") sued the Ohio Elections Commission ("Commission") and various state officials, alleging that Ohio's political false-statements laws, Ohio Rev.Code § 3517.21(B)(9)-(10), violate the First and Fourteenth...

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