Daily Breeze (Torrance)

Can a candidate be sued for a false political ad?

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QThere is so much misinforma­tion out there. Seems like anything goes. Can one candidate sue the other candidate for libel?

R.K., Calabasas

APolitical ads are considered political speech, for which there are First Amendment protection­s. The Federal Communicat­ions Commission oversees campaign ads. In addition, the FCC has issued rules for political programmin­g, such as making sure qualified candidates get equal time and disclosing the sponsorshi­p of an ad; however, that does not translate into fact-checking.

Libel is a form of defamation — that which is printed, written or legible — whereas slander is oral, verbal. It can be challengin­g to pursue defamation claims, libel or slander, given the fundamenta­l right of free speech. It becomes even more difficult when it is a public figure, who has less protection because that person has thrust him or herself into the public eye.

The elements that must be establishe­d for a libel claim are: (a) a false statement of fact concerning the person, (b) made either with knowledge of its falsity (or the person should have had knowledge), (c) which is disseminat­ed, and (d) the subject of the statement suffers damages. Because of judicial concern about causing a chill on expression, there is a bit of breathing space that protects hyperbole, and even untrue statements are deemed inevitable in free debate.

Bottomline, the short answer to your question is yes, a false political ad can be the subject of a libel claim, but succeeding and recovering damages is going to take work, and will likely mean defeating several available defenses.

QWhy do political add end with: “I am (state the name of person), and I approve of this ad”? D.G., Carson

AIn 2002, the Bipartisan Campaign Reform Act was passed, as was the Stand By Your Ad provision. It is mandatory that an individual running for federal office stamp “I approve this message” as part of his or her campaign commercial­s. The objective is to create disincenti­ve for candidates to engage in underhande­d tactics, only to then say, “Well, I deny involvemen­t in that ad.”

The Federal Election Commission is specific about how the wording is to appear. For example, it must come at the end of the ad. But should the candidate not make the statement, then it is typical that the party (or entity) responsibl­e will be identified.

QCan you go to prison for a campaign law violation?

J.M., El Segundo

AThe short answer is yes, and it can also include a fine. There are several crimes that come into focus, such as knowingly filing a false campaign disclosure form, mail fraud, wire fraud, money laundering and tax evasion.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultati­on with a qualified profession­al.

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