Washington’s Governor Wants To Prevent Another January 6 with Unconstitutional Censorship

Washington Gov. Jay Inslee wants to make it a misdemeanor for politicians to lie about election results. Yes, of course this would violate the First Amendment.

To justify the idea, Inslee is invoking the anniversary of the riot at the U.S. Capitol. “January 6 is a reminder not only of the insurrection that happened one year ago, but that there is an ongoing coup attempt by candidates and elected officials to overturn our democracy. They are willing to do this by provoking violence, and today I proposed we do something about that,” he wrote last week.

He does not indicate what this has to do with elections in Washington state, all the way on the other side of the country, which is the only place where his law would apply.

In August, five Republican legislators in Inslee’s state held a rally encouraging the conspiracy theory that the 2020 presidential election was fraudulent. They cannot be punished for such speech, because the First Amendment protects such arguments—yes, even false arguments.

Inslee thinks he can get around these protections by targeting falsehoods that are spread “for the purpose of undermining the election process” and “likely to incite or cause lawlessness.” The wording of the bill is not publicly available yet, but the governor seems sure that it will fit within the limits of Brandenburg v. Ohio, the 1969 Supreme Court case establishing that speech inciting lawless action is not protected.- READ MORE