What is the current state of the law on disclosure of candidate material to the general public?

California, United States of America


The following excerpt is from Botos v. Los Angeles County Bar Assn., 151 Cal.App.3d 1083, 199 Cal.Rptr. 236 (Cal. App. 1984):

The comments of the court in Eva v. Smith, supra, 89 Cal.App. 324, 264 P. 803, are particularly apt: "An individual who seeks or accepts public office invites and challenges public criticism so far as it may relate to his fitness and qualifications.... It is, therefore, justifiable ... to communicate ... to the constituency any matter respecting a candidate material to the election. Having offered profert of himself for public investigation a candidate must expect some criticism of his personal fitness... [T]emperament and qualifications are mere matters of opinion of which the electors are the only good judges ... The right of criticism rests upon public policy and those who seek office should not be supersensitive or too

Page 240

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