There’s about a month left to vote on a Virginia redistricting amendment, but if you’ve checked your mail or watched a video on your phone you probably know that already.
And as the campaigns for and against the effort intensify, so does that language and imagery used in their ads, but both sides could learn from a recent high-profile lawsuit out of Ohio.
A billboard in rural Page County features a quote from President Donald Trump, “take over the voting,” with an ask to vote “yes.” And in a text message sent to Virginia voters, a quote from Governor Abigail Spanberger criticizing gerrymandering is followed by a request to vote “no.”
Both ads take their respective subjects’ earlier comments out of context, and both are likely legal according to University of Virginia law professor Kevin Cope.
“Under constitutional law we have strong protections for speech, even misleading speech, even defamatory speech," Cope told Radio IQ. "There’s a very narrow exception and there are high barriers to an allegedly defamed plaintiff bringing a successful defamation claim.”
The traditional solution, if the Founding Fathers are to be believed, is more speech. "More ads," is the most common option, but filing a lawsuit under the narrow exception Cope mentioned, called “false light” is another.
“Not necessarily a false statement, but a misleading impression that would be highly offensive to a reasonable person,” Cope said of the legal options Trump or Spanberger had.
You need not look further than Adams County, Ohio, to see how such a suit could play out.
“Mine eyes see the corruption of the Adams County Cops,” sang rapper Afroman’s in a song about a botched police raid of his house. He wrote an album about the raid, insulted the cops involved and it went viral.
The police sued for defamation, but Wednesday a jury found Afroman not guilty on all counts.
Cope said such lawsuits come with their own risks.
“They’re likely to blow back and draw attention to the matter in a way the victim or plaintiff doesn’t want,” he warned.
