25. January 2022

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Lawfare

Governor Jay Inslee at the Iowa Events Center in Des Moines, Iowa. (Gage Skidmore, https://flic.kr/p/2h4sWPi; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/)

Exactly one year after the Jan. 6 violence at the Capitol, Washington Governor Jay Inslee announced his support for a bill that his office said “would outlaw attempts by candidates and elected officials to spread lies about free and fair elections when it has the likelihood to stoke violence.” That bill would make such lies a gross misdemeanor, subject to up to 364 days in jail.

Inslee’s motives are laudable. But his solution—jailing people for political speech—raises substantial First Amendment problems. The debate playing out in Washington state is a broader illustratio

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