This document will focus on the issue of negative campaigning mostly in reference to American presidential campaigns, especially the current election of 2004. The most common argument supporting the legality of negative campaigning is that such campaigning, no matter how misleading or malicious, falls within the realm of the fundamental American right to freedom of speech...
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And, it's true: no matter how malicious or misleading he may be, a candidate for office has a legal right to lie to voters on his own accord (this truth will be discussed later in the document). However, by simply arguing that negative campaigning is in fact protected by the first amendment of the Constitution, one cannot make the conclusion that such campaigning is therefore undermining democracy ? the only conclusion that may be drawn from the first amendment alone is that such campaigning is not out of sync with the United States Constitution...
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