Building On Sylvia Gonzalez’s Historic Supreme Court Win

In the United States, elected officials, citizens, and journalists must feel free to express differences of opinion. And they must be able to do so without fear of government retaliation. Anything less violates the First Amendment. 

That’s what IJ told the U.S. Supreme Court last year, after the city of Castle Hills, Texas, charged Sylvia Gonzalez with a bogus crime because she organized a petition to remove her city manager. Castle Hills had never charged someone with the same crime for a similar reason. And the Supreme Court agreed: Evidence that the government used a novel crime to charge Sylvia supports a First Amendment retaliation claim. 

IJ is now building on Sylvia’s historic win across the country.

In Atmore, Alabama, local officials went after IJ clients and school board members Sherry Digmon and Cindy Jackson because they refused to support failing superintendent Michele McClung. After teachers complained, Sherry and Cindy voted “no” on renewing McClung’s contract. But as it turned out, McClung had friends in high places. After the vote, the local district attorney and the county sheriff started a public campaign to intimidate Sherry and Cindy into changing their vote.

As part of that scheme, the district attorney set up a trap by sending a sham subpoena to the school board. Then, after more public threats by the district attorney and the sheriff, a local journalist for the Atmore News published a story disclosing the subpoena and highlighting the coordinated attack against anyone who questioned McClung. In response, the district attorney, the sheriff, and his deputies went after McClung’s critics using the fake subpoena to concoct made-up crimes. The officials then arrested and criminally charged four locals, including Sherry and Cindy.

That retaliation violates the First Amendment. So IJ teamed up with Sherry, Cindy, and others to file a federal lawsuit relying on IJ’s recent Supreme Court win to hold the district attorney, the sheriff, and their cronies accountable.  

In Newton, Iowa, discovery confirmed the retaliatory motives of local officials. IJ sued Newton after Noah Petersen was arrested at a city council meeting for criticizing his local mayor and police chief. During depositions, Newton confirmed that it has nevercharged someone with the same crime for the same conduct. After Sylvia’s win, that’s textbook evidence of retaliation.

In Marion, Kansas, local officials raided the home of IJ client Ruth Herbel for exposing corruption and criticizing her mayor. But the warrant was bogus—part of a larger retaliatory scheme involving the police chief and two county sheriffs. The federal court refused to dismiss Ruth’s claims, and further investigation has exposed the depths of the conspiracy. 

With these cases, the tailwind is building in IJ’s First Amendment retaliation cases. Sylvia’s Supreme Court case set the standard, and now IJ clients across the country are using that standard to hold officials responsible for violating the First Amendment.

Brian Morris is an IJ attorney.