RALEIGH, N.C. (AP) — A federal judge opened the door Tuesday for a district attorney to try to prosecute someone for a 2020 campaign ad by North Carolina Attorney General Josh Stein using a specific criminal count that the Democrat says is unconstitutional on free-speech grounds.
U.S. District Judge Catherine Eagles refused to issue a preliminary injunction two weeks after she signed an emergency order blocking temporarily enforcement of the state law because she said Stein’s campaign committee would likely win on legal claims that it be struck down. Eagles canceled that restraining order.
Eagles reversed herself after hearing more in-person arguments last week. She wrote that the law was constitutionally permissible because it “criminalizes false defamatory speech about public officials made with actual malice” and provides enough “breathing space” for speech protected under the Constitution.
“The statute advances compelling state interests in protecting against fraud and libel in elections and is narrowly tailored to serve those interests,” wrote Eagles, a nominee of President Barack Obama.
Tuesday’s decision can be appealed to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. Stein’s campaign didn’t immediately respond to an email seeking comment on the denial of the injunction.
The ruling is a blow to Stein, a possible 2024 Democratic gubernatorial candidate. No one has been charged in the case, and it’s unclear who specifically would have been targeted --...
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