The United States Court of Appeals for the Eighth Circuit ruled today in favor of Minnesota Voters Alliance and its members in a First Amendment challenge to Minnesota’s election speech law.
The case, Minnesota Voters Alliance, et al. v. Ellison, et al., challenges a state law that authorizes criminal penalties and civil lawsuits over certain statements about voting eligibility. Minnesota Voters Alliance argued the law threatened its ability to speak publicly about whether felons who remain under state supervision are eligible to vote under the Minnesota Constitution.
The Eighth Circuit agreed that the Alliance is likely to succeed in showing its speech is protected by the First Amendment and ordered the district court to enter a preliminary injunction in favor of the Alliance and its members.
“This case should trouble anyone who cares about free speech, regardless of where they stand on the underlying voting issue,” said Doug Seaton, President of the Upper Midwest Law Center. “Minnesota did not simply disagree with our client’s position. It tried to attach criminal and civil penalties to one side of a live legal debate. The First Amendment does not allow the government to end an argument by threatening prosecution.”
The Court made clear that political speech about voter eligibility sits at the core of the First Amendment and rejected the government’s attempt to treat the Alliance’s speech as unprotected simply because state officials disagree with its view of Minnesota law.
The case now returns to the district court for entry of a preliminary injunction.
Click here for the decision.