SENATE BILL REPORT

SB 5560

BYSenators Talmadge, Nelson, Halsan and Rasmussen; by request of Public Disclosure Commission

Prohibiting false political advertising.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 26, 1987; March 2, 1987

Majority Report:  Do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, Talmadge.

Senate Staff:Sam Thompson (786-7754); Walt Corneille (786-7452)

                  March 2, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 2, 1987

BACKGROUND:

A Washington statute regulating political advertising imposes civil liability upon a person who sponsors advertising containing information that the person "knows, or should reasonably be expected to know, to be false."  Since this standard would allow for penalties to be imposed for negligent sponsorship of false information, it probably violates freedom of speech guarantees established in case law.  Negligent misstatements in political campaigns are constitutionally protected under the First Amendment to the U.S. Constitution.  On the other hand, statements made with knowledge of their falsity or with reckless disregard of their truth or falsity are not constitutionally protected.

SUMMARY:

The statute regulating political advertising is revised to meet current constitutional guarantees of free speech.

Persons may not sponsor or prepare, with actual malice, political advertising that contains:  a false statement of material fact; a false representation that a candidate is an incumbent; or a false claim stating or implying the endorsement of any person or organization.  Any violation must be proven by clear and convincing evidence.

"Actual malice" means to act with knowledge of falsity or reckless disregard as to truth or falsity.

Fiscal Note:      none requested

Senate Committee - Testified: Graham Johnson, Public Disclosure Commission; Paul Conrad, Allied Daily Newspapers