On Friday, a federal appeals court in New York will consider a case with key implications for the 2024 election. At issue is whether it violates federal law to trick people on social media and elsewhere about when, where, or how to vote, and whether such a law is consistent with the First Amendment. A ruling favoring the government would go a long way toward protecting voters.to Black voters encouraging them to vote by text for Hillary Clinton.
the United States Supreme Court in a First Amendment case recognized, consistent with long-standing tort law, that a “state may prohibit messages intended to mislead voters about voting requirements and procedures.” Instead, he’s making a special kind of argument that applies in First Amendment cases: He is trying to show that the law is “substantially overbroad,” meaning that applying Section 241 would violate speech rights most of the time.
Our brief does not weigh in on Mackey’s argument that he lacked fair notice that he was violating Section 241 as properly understood. As, back in 2022, before I had looked into the issue in depth and well after the conduct in question, I opined in thethat it was not clear if Section 241 covered Mackey’s conduct. Having now studied the issue closely, I believe that his conduct does because he committed a common-law tort.
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