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The primary answer, of course, is a very short one. The First Amendment states "Congress shall make no law...abridging the freedom of speech...". (1)

If Congress were to create laws to prevent mudslinging they would be engaging in censorship.

The other problem is the one of who decides what is and is not mudslinging.

The Swift Boat Veterans for Truth renamed Swift Vets and POWs for Truth is a recent classic example of mudslinging under the guise of truth. They called Mr. Kerry's war record into question. They challenged the injuries he sustained which resulted in his being awarded three Purple Hearts, a Bronze Star and a Silver Star. (2)

This was refuted when Vice Admiral Ronald A. Route, the Navy inspector general, completed a review of Kerry's combat medals, initiated at the request of Judicial Watch. In a memo to the Secretary of the Navy Gordon R. England, Route stated [15]

"Our examination found that existing documentation regarding the Silver Star, Bronze Star and Purple Heart medals indicates the awards approval process was properly followed. In particular, the senior officers who awarded the medals were properly delegated authority to do so. In addition, we found that they correctly followed the procedures in place at the time for approving these awards.
"Conducting any additional review regarding events that took place over 30 years ago would not be productive. The passage of time would make reconstruction of the facts and circumstances unreliable, and would not allow the information gathered to be considered in the context of the time in which the events took place.
"Our review also considered the fact that Senator Kerry's post-active duty activities were public and that military and civilian officials were aware of his actions at the time. For these reasons, I have determined that Senator Kerry's awards were properly approved and will take no further action in this matter." (3)

Nevertheless the ads continued.

It was up to Mr. Kerry and his campaign to stop the nefarious blackening of his name and record. He did not do so in a timely fashion. That was his fault. It was not up to any legislator to put a stop to it by invoking a law.

The Swift Boat people alleged this was the truth. They did not consider it 'mudslinging'.

One man's truth is another man's lie.

We, the electorate, have to decide who is telling the truth and who is sending out mistruths, hoping some will stick.

Then we have to act accordingly when we get into the voting booth.

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(1) http://caselaw.lp.findlaw.com/ data/constitution/amendment01/
(2) http://www.sourcewatch.org/ind ex.php?title=Swift_Boat_Vetera ns_for_Truth
(3) Ibid.

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