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gt bear • 9 years ago

The disclaimer statute is unconstitutional, per Talley v California, 1960, and McIntyre v Ohio, 1995. Although the complaint has now been withdrawn, the filing of it was a civil rights violation, illegal under federal law. The reporting statute, on the other hand, is probably constitutional, per Buckley v Valeo. It is also unconstitutional, under the First Amendment, to tell a newspaper what they can charge for ads. Ellig's action in this matter were unethical, and he should report himself to the attorney disciplinary committee

gt bear • 9 years ago

Minnesota's disclaimer statute was found unconstitutional in Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006).
It has been slightly amended since then, but not in a way that would affect it's continued unconstitutionality.