DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203083P.pdf 05/10/2022 Minnesota RFL Caucus v. Mike Freeman
U.S. Court of Appeals Case No: 20-3083
U.S. District Court for the District of Minnesota
[PUBLISHED] [Smith, Author, with Gruender and Kobes, Circuit Judges]
Civil case - Minnesota Fair Campaign Practices Act. The relevant section
of the Minnesota Fair Campaign Practices Act - Minn. Stat. Sec. 211B.02 -
prohibits a candidate from falsely stating that a candidate or ballot
question has the support or endorsement of a major political party; the
statute further provides that county attorneys may prosecute violations of
the statute. Plaintiffs contend the statute violates their First Amendment
rights, and they sued four Minnesota county attorneys with authority to
criminally prosecute violations and asked the district court for a
preliminary injunction to prohibit the county attorneys from enforcing the
statute pending disposition of the case; the district court denied their
motion, and plaintiffs appeal the denial of the preliminary-injunction
motion. The district court did not err in denying the motion as the
defendants had not enforced the statute and have not threatened to do so
and were entitled to Eleventh Amendment immunity.