News Roundup

Attorney General Josh Stein now appears to be highly unlikely to be charged criminally over a campaign ad he ran in the last election cycle. The ad charged that Stein’s opponent in the 2020 election – Forsyth County District Attorney Jim O’Neill – “left 1,500 rape kits on a shelf leaving rapists on the streets.” O’Neill complained to the State Board of Elections, contending that the ad was false and violated G.S. 163-274(a)(9), which makes it a misdemeanor to “publish . . . derogatory reports with reference to any candidate . . . knowing such report to be false or in reckless disregard of its truth or falsity, when such report is calculated or intended to affect the chances of such candidate for nomination or election.” The Board recommended taking no action, but Wake County District Attorney Lorrin Freeman asked the SBI to investigate further, and ultimately informed Stein that she was planning to submit the matter to a grand jury. Stein then sued in federal court, asserting inter alia that the statute is unconstitutional and seeking an injunction against Freeman. The district court declined to issue a preliminary injunction, but this week the Fourth Circuit said that it is pretty sure that the statute is unconstitutional and so the district court should reconsider. The main problem with the statute is that it “likely criminalizes at least some truthful speech,” namely, a “derogatory report[]” that is made in “reckless disregard of its truth or falsity” but that turns out to be true. Although the Fourth Circuit did not expressly instruct the district court how to proceed, any path forward for criminal charges now appears to be narrow at best. WRAL has more here. Keep reading for more news.

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