You have the right to criticize your government. Kentucky lawsuit must uphold free speech.
Under the First Amendment, you’re supposed to have the right to criticize the government without fear of retaliation. But this week, the Kentucky Court of Appeals will hear oral arguments in a case that shows the extraordinary lengths local governments will go to silence their critics and to send a message: Speak out against us, and we’ll come after you.
Kentucky city official sued candidate for defamation over criticism
That’s exactly what happened to David Ramler. David lives in Highland Heights, Kentucky, where he served on the city council and its safety subcommittee. David has always cared deeply about his community, eventually running for mayor. To launch his campaign, David chose a medium that dates to the founding of America: A political pamphlet. David published a six-page pamphlet that criticized city leaders and explained how he was “a better choice.” How did the city officials handle the criticism? They sued David for defamation.
https://drive.google.com/file/d/1QWXlZKv3eWyY-KoNrOxS9AQ8OhaIAKhn/preview
Everyone knows what the lawsuit was really about: Retaliation. City officials offered to drop the bogus lawsuit if David agreed to move out of Campbell County for 40 years. This exile would prevent David from ever holding public office in Highland Heights — effectively eliminating a staunch critic and opponent. When David refused, a Kentucky trial court sanctioned the city officials’ retaliation-through-lawsuit tactic. This week, the Kentucky Court of Appeals will hear oral argument on David’s appeal.
Free speech is everyone's right. U of L was right to protect hateful anti-queer demonstration.
David’s appeal hinges on a simple premise: Does the First Amendment prevent public officials from punishing their critics?
Our entire nation is built on this right. When Thomas Jefferson wrote the Declaration of Independence, he spent most of his time compiling a “long train of abuses” by King George III. Anyone with a high school diploma knows that retaliating against political opponents for their speech is a textbook example of violating the Constitution. Yet that is exactly what happened to David.
Ramler isn't the only one being sued for criticizing local government
Take Sylvia Gonzalez, a former councilwoman who lives in Castle Hills, Texas. When she criticized her city leaders, they had her arrested. The U.S. Supreme Court will now decide whether she can hold those officials accountable. The same happened to Niki Frenchko, a commissioner outside of Cleveland, Ohio, who was arrested for criticizing her local leaders. Thankfully, a federal court sided with Niki last week, declaring that, “Here in America, we do not arrest our political opponents.”
This list goes on and on. In Newton, Iowa, local officials arrested Noah Petersen for calling his mayor a “fascist” during the open comment period of a city council meeting. In Laredo, Texas, local officials arrested Priscilla Villarreal, a citizen journalist, because she posted government critiques on Facebook Live. Officers in New Orleans arrested Waylon Bailey on terrorism charges after he made a zombie joke on Facebook about the police response to COVID-19. And in Parksley, Virginia, officials retaliated against two Haitian food truck owners after they questioned the constitutionality of a food truck ban that the city passed.
As all these cases show, retaliation can happen to anyone speaking out anywhere. Under the First Amendment, however, you should be protected when local officials find some bogus way to come after you in retaliation for your speech.
Brian Morris is an attorney at the Institute for Justice. He is from Northern, Kentucky.
This article originally appeared on Louisville Courier Journal: Can you bash the government? KY lawsuit shows free speech under attack
