Does the ad violate Ohios libel or election laws?
Swift Boat Veterans for Truth, an organization created to call John Kerry’s war record into question, has been running a campaign advertisement alleging that presidential candidate John Kerry is lying about his Vietnam War record. 1 It claims that he made false claims about being wounded and about his conduct as a swift boat commander. Kerry supporters contend that the creators of the ad were not members of his swift boat crew and are lying about him and his conduct. 2 If the advertisement is true, it is, of course, completely protected by the First Amendment and is a part of election discourse. A more important question is raised by the claim that it is demonstrably false, at least in certain respects. If the ad contains false statements, would Senator Kerry or his allies have any legal remedies? In evaluating any potential liability based on the content of this advertisement, it is important to carefully distinguish among different kinds of assertions made in the ad. Some, such as “h
