Lying in campaign ads and speeches not only legal, but protected

SALT LAKE CITY — As campaign advertisements and political speeches increase leading up to Election Day, politicians will face very few, if any, consequences for lying or stretching the truth.

KSL Legal Analyst Greg Skordas said that is because it is difficult to prove that someone intentionally lied. 

“It’s really hard to prove that someone lied. And to say at the time they made the statement they knew they were lying,” said Skordas. 

While lying under more formal circumstances, like in a court room, can be punishable, it doesn’t really apply to everyday lying where the exceptions aren’t quite the same. 

Another reason for no legal consequences? It’s so common

Public statements, even if they include stretching the truth, are protected by the First Amendment. And public figures like politicians are constantly making public statements.

“In today’s society, it’s almost expected. So we don’t prosecute that. We don’t even have a remedy for it necessarily, except just to call them out and say, ‘Hey, we’re fact-checking and what you said is not true,” said Skordas.

As Election Day draws closer, Skordas mentioned that politicians may be more inclined to make statements to get a certain faction of people to vote them, regardless if the statements are true or not. 

He said that’s why it is incredibly important for voters to do personal research into politicians’ statements. And to discern the truth for themselves.

“You need to fact check, you need to do your own research. You need to do your own thought process and decide what part of it is true or not, just as you do when you’re purchasing something online.”

So, it’s not enough for voters to just know what politicians are saying. Skordas said voters also should be aware of what is being said about what is being said. 

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