Skip to content
Search

Latest Stories

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."

Sign up for The Fulcrum newsletter

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 Psychology of Politics

An illustration of people and their unique minds.

Getty Images, Carol Yepes

The Psychology of Politics

Have you ever wondered why so many otherwise reasonable people are completely bananas about politics? We all know plenty of normal and decent folks who spout wacky political views. But it’s not just our neighbors who’ve gone mad. All over the country, Americans pick and choose the facts they want to believe, champion policies they don’t understand, hold contradictory views at the same time, admire immoral politicians, loathe decent ones, and so on.

What’s going on here? And why does it seem to be getting worse?

Keep ReadingShow less
Addressing Economic Inequity Among Domestic Violence Survivors

A person holding a stack of dollar bills that are flying away.

Getty Images, PM Images

Addressing Economic Inequity Among Domestic Violence Survivors

The 2024 film, “Anora,” about a young woman victimized by sex trafficking, recently won five Oscars at the Academy Awards. Perhaps, it is a signal of more awareness and less stigma surrounding the pervasiveness of domestic violence at all levels of society.

The ongoing lawsuits between actors Blake Lively and Justin Baldoni claiming sexual harassment and violence threat allegations around their film, “It Ends With Us,” about a relationship scarred with domestic violence, demonstrates the thin line between real life and on-screen adaptations.

Keep ReadingShow less
Layoffs at the EPA May Impact Federal Funding for Communities

Environmental Protection Agency EPA | Where James works | mccready ...

Layoffs at the EPA May Impact Federal Funding for Communities

WASHINGTON—The federal government laid off more than 60,000 workers in the first two months of 2025, while another 75,000 employees accepted a buyout and voluntarily resigned.

Among those laid off was James Clark, an Environmental Protection Agency employee who lost his job while on his honeymoon. “It’s just very sad to see someone like Elon Musk take a chainsaw on live TV and say what we do doesn’t matter,” said Clark.

Keep ReadingShow less
Congress Avoids a Shutdown But at What Cost?

Senate Minority Leader Chuck Schumer (D-NY) speaks to reporters at the U.S. Capitol on March 14, 2025 in Washington, DC.

Getty Images, Tasos Katopodis

Congress Avoids a Shutdown But at What Cost?

On March 14, the GOP-led Senate passed a stopgap spending bill to keep the federal government running until September 30. The bill’s passage was made possible by Senate Minority Leader Chuck Schumer’s last-minute reversal—shifting from opposing the measure and advocating for a shorter extension to allowing the bill to advance. His decision was purely tactical: he feared Democrats would be blamed for a shutdown.

Schumer’s move provided the necessary votes to overcome procedural hurdles, effectively thwarting a Democratic filibuster. While Republican support for Trump’s budget was unsurprising, the Democratic leadership’s decision to go along was a stunning concession. It handed the Trump administration a significant victory while further eroding Congress’s budgetary authority, shifting more spending power to the executive branch.

Keep ReadingShow less