Washington State Republican Party: Alleged violation of RCW 42.17A.335 for sponsoring political advertising containing a false statement of material fact about a candidate for public office (NOV24, EY24)

RCW 42.17A.335(1) states, in part, “It is a violation of this chapter for a person to sponsor with actual malice a statement constituting libel or defamation per se under the following circumstances: (a) Political advertising or an electioneering communication that contains a false statement of material fact about a candidate for public office...”

RCW 42.17A.005(1) states, "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.

The statement at issue here does not meet the actual malice standard. The complaint asks the PDC to be the arbiter of whether a candidate’s lack of support for an initiative that supporters championed as an answer to concerns about gender-affirming care for minors is tantamount to support for allowing schools to provide that care without parents’ knowledge. That level of interpretation involves scrutiny of political debate, which invokes strong First Amendment protections. Such assessments are best left to the public and the political forum.

Based on these findings, PDC staff have determined the possible spuriousness of the text messages does not warrant further investigation by the PDC. The PDC has dismissed this matter in accordance with RCW 42.17A.755(1).