The Tenth Circuit held that under current SCOTUS case law, the First Amendment does not protect knowingly false statements of fact where either the statute is specific enough to not have a chilling effect on other categories of speech which are protected (for example, a law against making false statements about a public official could have a chilling effect on political discourse unless the elements of the crime included malice), or where the law in question reaches no farther than is necessary to protect a compelling government interest.
This case was reversed by the Supreme Court in US v. Alvarez.
ReplyDeletehttp://thehonorablecourt.blogspot.com/2012/06/us-supreme-court-us-v-alvarez-11-210.html