Monday, November 03, 2008

Appeals court allows CFAF campaign ads to continue

The Wisconsin Court of Appeals overturned the restraining order on CFAF, allowing them to continue running their ads critical of state assembly candidate Mark Radcliffe's support of Healthy Wisconsin.

Based on our review of the cases cited in the petitioner’s brief and the arguments and authorities presented to the trial court, that does not appear to be an adequate basis for prior restraint in the context of a defamation claim. In short, we are aware of no caselaw which permits prior restraint of speech before an adjudication on the merits of the defamatory nature of the statement at issue.

Not surprising, really, but sad that the first amendment was so casually tossed aside by Judge Lister in the first place.