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Monday, November 06, 2006
Ind. Courts - More on: St. Joseph County Prosecutor Michael Dvorak sued opponent Greg Kauffman on Friday
Updating this story from Friday, the AP is reporting this morning, in a story headlined "Judge tosses candidates ad lawsuit":
SOUTH BEND, Ind. -- A judge rejected the St. Joseph County prosecutor's request that he stop a political ad the prosecutor claimed was false and defamatory.
The commercial for Republican candidate Greg Kauffman is protected speech and can remain on the air, St. Joseph Superior Court Judge David C. Chapleau ruled Saturday.Democrat Michael Dvorak filed a lawsuit Friday asking for an injunction to halt the 30-second television spot, saying it falsely accuses him of violating the law by hiring his wife to work in his office. Dvorak has said the move is not illegal because he does not personally supervise her.
The validity of the allegation, however, was not Chapleau's main concern.
"My concern is that political speech, even inaccurate, must be allowed unless it's so clear that it's a question of confusing the public," Chapleau said. He cited a Michigan case in which a judge pulled an ad that misidentified one of the candidates.
Posted by Marcia Oddi on November 6, 2006 08:48 AM
Posted to Ind. Trial Ct. Decisions