“The Ohio Election Commission statute demonstrates complete disregard for the Constitutional right of people to criticize their elected officials," SBA List President Marjorie Dannenfelser said in a statement.
The 6th Circuit Court of Appeals rejected SBA List's attempt to challenge the Ohio law on First Amendment grounds.
Driehaus invoked the "false statements" law to prevent SBA List from accusing him of supporting taxpayer-funded abortion, noting that federal law already prohibited the use of public funds to cover abortions.
But SBA List maintains that its attack was not false.
“Driehaus was originally opposed to the Affordable Care Act because it did not contain specific language preventing the funding of abortion, and that never changed. … We sought to inform voters in his district of Driehaus’ vote for the bill he said could not support,” Dannenfelser said.