Delegates debate and pass bill allowing injunctive relief for alleged defamatory election media; critics warn of prior restraint

Floor managers said Senate Bill 141 gives a candidate the ability to seek injunctive relief when allegedly defamatory media is disseminated within 30 days of an election, and that courts would weigh the public interest in an informed electorate when considering relief.

Opponents delivered extended floor criticism over the scope of the substitute, saying the amendment lacked statutory definitions (including for “electioneering”) and could invite forum shopping and prior restraint. One delegate opposed to the measure urged colleagues to vote no, calling the amendment “Orwellian” and warning that the language could permit a candidate to ask a court to silence a private citizen or small online speaker during an active campaign.

Despite the floor objections, the committee substitute was agreed to and the bill passed on the floor by recorded tally (Ayes 62, Noes 34) as announced by the clerk.

Supporters argued the measure provides a legal remedy against demonstrably false election broadcast during a critical pre-election window and prioritized a timely judicial process; critics stressed vagueness in the text and potential First Amendment implications.

The debate on this bill was one of the more contentious exchanges during the day, with sustained floor remarks from both supporters and opponents recorded in the public journal. The House then proceeded to additional calendar business and conference reports.