U.S. Rep. Andrea Salinas was recently cleared of violating state law in a 2022 ad that stated her Republican opponent faced felony drug possession charges. The Oregon Court of Appeals ruled that the ad could be reasonably interpreted as true, given the circumstances of the case. Salinas, who defeated her opponent Mike Erickson for the second time in the November election, was sued by Erickson for defamation. However, the court found that Salinas’ campaign statements were protected under Oregon law.
Erickson’s 2016 arrest for DUI did involve a recommendation for drug charges, but he ultimately pleaded guilty to DUI and completed a diversion program, with prosecutors agreeing not to file drug charges. The court noted that the ad’s citation for an incident report listing felony drug possession as a charge or pending charge further supported Salinas’ argument.
Salinas’ attorney, Ben Stafford, hailed the court’s decision as a victory for political speech protections in Oregon. Salinas, on the other hand, declined to comment further on the case. Erickson’s attorney did not respond to requests for comment.
Erickson had sought $800,000 in damages from Salinas for running ads to refute her claims during the 2022 campaign. A Clackamas County judge initially ruled in Erickson’s favor in December, but Salinas appealed under Oregon’s anti-SLAPP law, which aims to prevent lawsuits meant to silence critics. The appellate judges ultimately found in favor of Salinas, highlighting the common understanding of the word “charge” in law enforcement terminology.
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