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89 Calif. L. Rev. 129  

January, 2001


The Truth in Masquerade: Regulating False Ballot Proposition Ads Through State Anti-False Speech Statutes

Becky Kruse

 
In the century since they first appeared in this country, ballot propositions have developed into important political instruments. Proposition use has been on the rise in recent years, bringing with it increased campaign spending on increasingly sophisticated, often misleading ads. These false or misleading ads have the greatest effect on women, minorities, the poor, and the less educated by creating a tendency either not to vote, or to vote inadvertently against conscience. Some states address this problem by prohibiting false proposition ads through anti-false speech statutes. This Comment seeks both to explore the problem of false ballot proposition ads and to examine the viability of anti-false speech statutes as a solution in terms of constitutionality, applicability, and practicality.

Copyright © 2001 by California Law Review, Inc.
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