Oregon Court of Appeals Rules in Favor of Salinas’ Campaign Ad
In a significant ruling, the Oregon Court of Appeals has determined that U.S. Rep. Andrea Salinas did not violate state law with her 2022 campaign advertisement suggesting that Republican opponent Mike Erickson faced felony drug possession charges. The court’s decision, issued this week, clarified that a "reasonable person" could interpret Salinas’ claims as factually accurate.
This ruling follows the contentious political battle between Salinas and Erickson, which Salinas had previously won in November 2022 and again in 2023 by an increased margin. In the contentious ad, Salinas stated that Erickson was "charged with felony drug possession," accompanied by an image of an unidentified white powder. The basis for this claim stems from Erickson’s 2016 arrest for drunken driving, during which a police report indicated a drug possession charge was recommended. However, Erickson ultimately pleaded guilty to DUI, and the district attorney agreed not to file drug charges as part of a plea deal.
Salinas’ attorney, Ben Stafford, celebrated the ruling as a reinforcement of political speech protections in Oregon, underscoring the court’s acknowledgment that campaign statements interpreted as factual are safeguarded under state law.
Initially, Erickson had sought $800,000 in damages, arguing that Salinas’ ad contributed to his electoral loss. Although a lower court had initially sided with Erickson, stating Salinas acted with reckless disregard for the truth, the appellate court overturned this decision, leaning on definitions of "charge" in law enforcement to justify Salinas’ assertions.
As of now, neither Salinas nor Erickson’s representatives have provided further comments on the appellate court’s decision, which is expected to resonate in future political discourse in Oregon.
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