Attorney: Court ruling lets Ohio political candidates lie

Headline Legal News

Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.

Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.

In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.

Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."

Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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