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1 Robert Timothy Reagan, et al., Constitutionality of Proscriptions on False Statements about Candidates 1 (2018)

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CASE STUDIES IN EMERGENCY ELECTION LITIGATION


               Constitutionality of Proscriptions
            on  False   Statements About Candidates
            Susan B. Anthony List   v. Driehaus   (1:10-cv-720)
       and  Coalition  Opposed   to Additional   Spending   &  Taxes
             v. Ohio  Elections  Commission (1:10-cv-754)
           (Timothy   S. Black and  Susan   ]. Dlott, S.D. Ohio)
       Two  actions filed in late October 2010 challenged the constitution-
       ality of an Ohio statute proscribing false statements about candi-
       dates for office. The judge in the first case stayed the federal case
       pending  state executive and judicial proceedings, pursuant to
       Younger v. Harris. The judge in the second case also denied imme-
       diate injunctive relief, and the two cases were consolidated for fur-
       ther proceedings after the election. Dismissals for lack of live con-
       troversies were reversed by the Supreme Court. The court of ap-
       peals affirmed a holding that the statute was unconstitutional and
       dismissal of a candidate's defamation counterclaim. The parties
       agreed to an attorney fee award of $1.3 million.
           Subject: Campaign activities. Topics: Campaign materials;
       matters for state courts; recusal;
The  Susan B. Anthony  List, a public interest organization dedicated to oppo-
sition of abortion and support  for the election of women  to Congress who
share that opposition, filed a federal action in the Southern District of Ohio
on  October  18, 2010, challenging the constitutionality of an Ohio  statute
proscribing false statements about candidates for office.' With its complaint,
the List filed a motion for a temporary restraining order and a preliminary
injunction.2 The court originally assigned the case to Judge Susan J. Dlott,
but she recused  herself because an attorney in the case worked at her hus-
band's law firm,4 so the case was transferred on the day that it was filed to
Judge Timothy  S. Black.'



   1. Complaint, Susan B. Anthony List v. Driehaus, No. 1:10-cv-720 (S.D. Ohio Oct. 18,
2010), D.E. 1 [hereinafter Susan B. Anthony List Complaint]; Susan B. Anthony List v.
Driehaus, 573 U.S. _, _, 134 S. Ct. 2334, 2339 (2014) (p.4 of slip opinion filed at U.S.
No. 13-193); Susan B. Anthony List v. Driehaus, 814 F.3d 466, 470 (6th Cir. 2016); Susan B.
Anthony List v. Driehaus, 779 F.3d 628, 631 (6th Cir. 2015); Susan B. Anthony List v.
Driehaus, 805 F. Supp. 2d 412, 415 (S.D. Ohio 2011); see Anti-Abortion Group Seeks to Erect
Billboards Critical ofDriehaus, Cincinnati Enquirer, Oct. 19, 2010.
   2. Motion, Susan B. Anthony List, No. 1:10-cv-720 (S.D. Ohio Oct. 18, 2010), D.E. 2.
   3. For this report, Tim Reagan interviewed Judge Dlott and her law clerk Sarah Fair-
weather by telephone on July 30, 2012.
   4. Interview with Hon. Timothy S. Black, Aug. 16, 2012; Interview with Hon. Susan J.
Dlott and her law clerk Sarah Fairweather, July 30, 2012.
   Tim Reagan interviewed Judge Black for this report by telephone.
   5. Transfer Order, Susan B. Anthony List, No. 1:10-cv-720 (S.D. Ohio Oct. 18, 2010),
D.E. 6.


Federal Judicial Center 5/5/2018


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