Could the Maxine Waters Lawsuit End Attack Ads?
The legal woes of Donald Trump and George Santos dominate headlines. But the case against the California lawmaker has bigger implications for political speech.
Representative Maxine Waters.
Photographer: BloombergThis week, two legal cases grabbed all the attention: the $5 million verdict for defamation and assault in E. Jean Carroll’s lawsuit against former President Donald Trump, and the decision by the Justice Department to bring fraud charges against George Santos, the Long Island congressman. But it’s Wednesday’s decision by a California appellate court to reinstate a suit against Representative Maxine Waters that might have the most influence on how electoral contests are conducted down the road.
The facts are quickly dealt with. The plaintiff, Joe E. Collins III, claims that during their bitter 2020 election battle, Waters ran repeated advertisements asserting that he had been dishonorably discharged from the Navy. Collins argues not only that the statement was false, but that the truth was readily discoverable. He contends that once he heard rumors of Waters’s plan of attack, he even posted proof of his discharge status on his Facebook page.
