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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.