Editorial: ‘Truth squad’ law should be repealed

Thursday, March 6, 2003 | 8:57 a.m.

The Assembly acted correctly this week when it voted unanimously to repeal a law that empowers the state Ethics Commission to act as a truth squad during elections. The law was passed by the 1997 Legislature after several elections were marred by campaign literature whose content contained lies and distortions. The law allowed anyone to make a complaint to the commission about the content of mailers or other printed campaign materials. If the commission found the complaint valid, it could levy a fine on the offending person(s) of up to $5,000.

Campaign materials, certainly, should be free of errors in fact. It's appalling that lies and distortions would be printed, intentionally or otherwise. But it's the courts, not a state agency, that should determine the scope of the error and whether libel was committed. Putting the Ethics Commission in charge is inviting abuse of power -- a Northern Nevada newspaper editor was ordered to appear before the commission for an editorial he wrote. It also invites political machinations, such as the filing of complaints that have no merit for the purpose of mailing a flier that says an ethics charge is pending against such-and-such candidate. We hope the Senate and governor agree with the Assembly.