From the Democratic Party of Wisconsin’s response to the Court of Appeals ruling today in Radcliffe for Assembly v. Coalition for America’s Families (prior coverage here and here), conveying thoughts from the noon hearing in Jackson County: “Judge Lister today said it was unfortunate that seemingly no civil remedy exists for candidates to protect themselves against false and malicious statements run by third-party groups days before an election.”
This is a textbook case of the way the judicially-activist judge thinks: There is a criminal penalty for breaking a particular law. The judge thinks there should be a civil remedy as well, but is frustrated that there is not one in the statute. So the judge just decides to make one up anyway and force people to obey it because he’s a judge and he says so because that’s what fair and just in his mind.
Of course, the real remedy here is (short-term) get the DA or AG to bring a criminal charge if there’s enough to substantiate it and (long-term) get the legislature to pass a law creating a civil remedy for future cases. The solution is NOT for the judge to just legislate such a law from the bench.
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The Democrat Party is the party of fascism, and anyone who thinks that this blocking of a group’s first amendment right to free speech is the right thing to do is a fascist.
You liberal fascists can NEVER get your policy objectives across with democratic means. You always have to make sure that your opponents are illegitimately blocked.