UMLC Files Lawsuits Defending Free Speech Rights of Dr. Scott Jensen Against Medical Board and Attorney General


Tuesday, June 6, 2023


Chris Mulcahey [email protected]

UMLC Files Lawsuits Defending Free Speech Rights of Dr. Scott Jensen Against Medical Board and Attorney General

 Both lawsuits seek to protect against the weaponization of public office for political purposes

Golden Valley, MN – Today, the Upper Midwest Law Center (UMLC) announced the filings of two separate lawsuits on behalf of Dr. Scott Jensen, former Minnesota State Senator and gubernatorial candidate.

The first lawsuit is against the Minnesota Board of Medical Practice (BMP). The BMP, which is responsible for regulating medical professionals, has investigated Dr. Jensen’s medical license numerous times due to his political speech about COVID-19. However, the BMP’s jurisdiction is limited to complaints related to medical practice violations, and none of the complaints against Dr. Jensen involved patient care. The investigations against him targeted his political speech, which is protected by the First Amendment.

The second lawsuit filed on behalf of Dr. Jensen is against Attorney General Keith Ellison and the Office of the Attorney General (“OAG”). Dr. Jensen requested data about himself as the subject from the OAG because the OAG was involved in the BMP’s illegitimate investigations of Dr. Jensen’s license. In response to the request, the OAG turned over some data but intentionally withheld other data and even withheld data for the reason that Dr. Jensen might discuss it publicly. Ellison’s actions, individually and as the “responsible authority” for the OAG, violate Dr. Jensen’s rights under the Minnesota Government Data Practices Act, his right to equal treatment based on viewpoint under the First Amendment, and his right to equal protection under the Fourteenth Amendment. This lawsuit seeks the production of withheld data, damages, attorney fees, and costs based on the defendants’ noncompliance with the Minnesota Government Data Practices Act and the U.S. and Minnesota Constitutions.

“You can’t use the power of an oversight board to repeatedly investigate someone just because of their political speech. And you can’t withhold government data from someone because you don’t like what he might say to the public,” said James Dickey, Senior Counsel with UMLC. “These lawsuits aim to challenge the BMP’s and the AG’s actions and uphold the free speech rights of every Minnesotan, regardless of political stripe.”

Dr. Scott Jensen has practiced family medicine for decades in Minnesota. Over the course of his medical career, he has never received a complaint against him from the Minnesota Board of Medical Practice (MBMP). That is until he was a sitting State Senate and eventual candidate for Governor of Minnesota. Since then, he has faced multiple complaints and investigations, all resulting in his exoneration.

Read the full lawsuit filed in Carver County District Court here.

Read the full lawsuit filed in United States District Court here.


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