Roy Cooper for Senate: The Case that Won’t Go Away

You have to credit Raleigh attorney Gene Boyce with the virtue of stick-to-itiveness.



Eight years ago Boyce’s son, Dan, ran for Attorney General against Roy Cooper.



If I remember the facts correctly, during the campaign Cooper ran an ad attacking Dan Boyce (and his father) for their handling of a lawsuit on behalf of state retirees. After the election, Boyce sued Cooper for defamation and, apparently having gotten the facts wrong, Cooper’s lawyers have been dragging the case out ever since – for eight years. But Gene Boyce hasn’t given up.



Now, I’m not sure Boyce can win – under the First Amendment the courts give politicians pretty broad leeway when it comes to lying in their campaigns – so, in the end, even if Cooper’s defense comes down to arguing, Well, what I said wasn’t true but under the Constitution lying about a political opponent is no crime – a judge may agree.



But is Roy Cooper going to want to stand up in court and admit he misled people in a political ad – say, while he’s running for Senate against Richard Burr next year? If Cooper does run he may wish he’d settled the suit years ago – and Gene Boyce’s doggedness may pay off in a way he never imagined.




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Roy Cooper for Senate: The Case that Won’t Go Away

You have to credit Raleigh attorney Gene Boyce with the virtue of stick-to-itiveness.



Eight years ago Boyce’s son, Dan, ran for Attorney General against Roy Cooper.



If I remember the facts correctly, during the campaign Cooper ran an ad attacking Dan Boyce (and his father) for their handling of a lawsuit on behalf of state retirees. After the election, Boyce sued Cooper for defamation and, apparently having gotten the facts wrong, Cooper’s lawyers have been dragging the case out ever since – for eight years. But Gene Boyce hasn’t given up.



Now, I’m not sure Boyce can win – under the First Amendment the courts give politicians pretty broad leeway when it comes to lying in their campaigns – so, in the end, even if Cooper’s defense comes down to arguing, Well, what I said wasn’t true but under the Constitution lying about a political opponent is no crime – a judge may agree.



But is Roy Cooper going to want to stand up in court and admit he misled people in a political ad – say, while he’s running for Senate against Richard Burr next year? If Cooper does run he may wish he’d settled the suit years ago – and Gene Boyce’s doggedness may pay off in a way he never imagined.




Click Here to discuss and comment on this and other articles.

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Carter Wrenn

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