The U.S. Supreme Court is set to hear oral arguments in Susan B. Anthony List v Driehaus, 13-193, on April 22. This is a challenge to Ohio’s law making it illegal for individuals to make false statements about candidates or ballot measures, with the intent to influence the election outcome. According to this story, the Ohio Attorney General filed a brief with the U.S. Supreme Court acknowledging that the law violates the First Amendment. But, the Ohio Attorney General, Michael DeWine, also filed a brief defending the law.

The brief in defense of the law is filed by DeWine in his capacity as the Ohio legal officer charged with defending state laws. The brief expressing the view that the law violates the First Amendment is filed in DeWine’s capacity as amicus curiae. Here is his amicus curiae brief. Thanks to Rick Hasen for the link.