Freedom of Speech

III. ANALYSIS

A. Whether We Are Bound By Sixth Circuit PrecedentAs an initial matter, the Commission argues we are bound by our decision in Pestrak v. Ohio Elections Commission, 926 F.2d 573 (6th Cir.1991), which held that Ohio's political false-statements laws were constitutional on their face and, for the most part, in their enforcement.

 “A published prior panel decision ‘remains controlling authority unless an inconsistent decision of the United States Supreme Court requires modification of the decision or this Court sitting en banc overrules the prior decision.’ “ Rutherford v. Columbia Gas, 575 F.3d 616, 619 (6th Cir.2009) (quoting Salmi v. Sec'y of Health & Human Servs., 774 F.2d 685, 689 (6th Cir.1985)); see also 6th Cir. R. 32.1(b). Despite the Commission's arguments, we conclude we are no longer bound by Pestrak due to intervening Supreme Court decisions. - 

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