Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Judge voids Tennessee law against false ('literally Hitler') claims about candidates

Campaign flyer

A democracy reform group created this leaflet in order to challenge a 1989 statute.

Tennesseans for Sensible Election Laws

In a campaign season when civil discourse seems headed to another record low, rhetorical excess has just been given a little extra boost.

For three decades Tennessee has made it a minor crime to put knowingly false statements about a candidate in oppositional campaign literature — one of the more explicit restrictions on political speech in the nation's law books. But last week a state judge said it was a bridge way too far over the First Amendment.

A prominent democracy reform group, Tennesseans for Sensible Election Laws, sued and won the right to declare in print something hyperbolic in the extreme: That a Republican state legislator is "literally Hitler," the Nazi fuhrer who died in Germany three-quarters of a century ago.


The point, the group said, was to produce a campaign flyer with obviously false assertions in order to test the law, which it says has been unconstitutionally stifling properly provocative satire and criticism of state officials.

"The framers of our Constitution believed that robust public speech and debate would be essential to self-government," it said. "This law tried to put its thumb on the scale, favoring the very people who enacted it — Tennessee state lawmakers — to the detriment of members of the voting public."

Judge Ellen Hobbs Lyle of Nashville agreed last week, declaring the law a violation of both the state and federal Constitutions. Its main flaw, she said, was that it punished false speech against a candidate but does nothing to rein in lies in support of a politician, "viewpoint dicrimination" not permitted by the First Amendment. She also said government regulators should not be in the business of distinguishing truth from falsity — and that the law bans far more speech than Tennessee could ever punish, besides.

"For emphatic and memorable communication in its campaign materials opposing candidates, the plaintiff uses the literary device of knowingly stating a literally false statement about a candidate in the context of satire, parody and hyperbole," the judge said in her nine-page ruling, and that's one of the Sensible Election Laws group's free speech rights.

The organization was taking on state Rep. Bruce Griffey, a Republican whose first term has been marked by proposing a wave of controversial, conservartuive culture war measures, including a ban on refugee resettlement in Tennessee and a requirement that students use school bathrooms that correspond with their sex at birth. And in January, he proposed a bill that would authorize the state to chemically castrate some people convicted of sex offenses against minors — a policy in place in at least seven states.

The good government group tweeted it would begin distributing its leaflets, which say "Bruce Griffey is LITERALLY HITLER" at the top and, underneath that, "Bruce Griffey: an agenda the Nazis would love."

The 1989 law makes it a misdemeanor punishable by a $50 fine and 10 days in jail to distribute "campaign literature in opposition to any candidate in an election" if any "statement charge, allegation, or other matter contained therein with respect to such candidate is false." It makes no exceptions for satire, hyperbole or parody.

The state attorney general's office has not announced whether it will appeal.

Griffey is solidly favored to win a second term in November in a rural district west of Nashville.


Read More

The Word ‘Black’ Has Disappeared From a Set of Bills Aimed at Addressing Black Maternal Health

The Momnibus Act was previously known as the Black Maternal Health Momnibus Act, but the word 'Black' has been removed from the title and appears only once across the latest package.

Emily Scherer for The 19th

The Word ‘Black’ Has Disappeared From a Set of Bills Aimed at Addressing Black Maternal Health

The word “Black” has been almost completely removed from a package of bills that have long been viewed as Congress’ main legislative vehicle to address the Black maternal health crisis, frustrating some advocates who feel Black women are being erased from the policy.

The key change this year is the title. The Momnibus Act — filed in mid-March — was called the Black Maternal Health Momnibus Act in 2023; before that it was the Black Maternal Health Momnibus Act of 2021 and the Black Maternal Health Momnibus Act of 2020. None of the previous packages, which were championed by Democrats, have been enacted.

Keep ReadingShow less
Trump Never Intended To Be Just

U.S. President Donald Trump on May 22, 2026 in Suffern, New York.

(Photo by Roberto Schmidt/Getty Images)

Trump Never Intended To Be Just

Let us set aside, for a moment, the fact that in suing the IRS, Donald Trump initiated a lawsuit that was meritless, frivolous, and a blatant conflict of interest…in his own words, “I am supposed to work out a settlement with myself.” Let us further acknowledge, but look past the fact, that the settlement is filled with “illegal cookies” like his effort to exempt himself and his family members or family-controlled companies, from past or future IRS audits or any future obligations to ever pay federal taxes.

Please appreciate, but set aside for a moment, that this is the most corrupt administration in modern US history. Further, I would like to ignore the fact that this appears to be an effort to finance a private militia that has violently sought to undermine the US Government and the electoral capacity of the vote of the people of the United States of America.

Keep ReadingShow less
The Fragile Promise of the Ballot
black and white love print crew neck shirt
Photo by Cyrus Crossan on Unsplash

The Fragile Promise of the Ballot

Recent Supreme Court decisions such as Shelby County v. Holder and Brnovich v. Democratic National Committee were not just redefinitions of election law; they marked a critical shift away from the federal government’s duty to ensure equal ballot access—a duty fundamental to democracy.

The consequences were swift and broad. Within hours, Shelby County, Texas, imposed strict voter ID rules that federal officials had previously blocked under the Voting Rights Act’s pre-clearance provisions. Soon after, North Carolina reduced early voting and eliminated same-day registration. Across parts of Alabama, Georgia, and other Southern states, polling places closed or moved, often in communities with large Black populations. What once required federal review could now proceed quickly.

Keep ReadingShow less