UPDATE: On February 27, 2017, the Court ruled in favor of plaintiffs. See Docket #24, below, and press release dated February 27, 2017.
This federal First Amendment lawsuit seeks to strike down California Government Code section 6254.21(c), which broadly restricts the Internet publication of the home address or telephone number of any “elected or appointed official.”
After publishing political speech protesting the many recently-enacted gun control laws signed by California Governor Jerry Brown in July, 2016, and how those laws affect law-abiding people, the California Legislative Counsel served plaintiff Doe Publius a “takedown” letter from the threatening litigation if his “tyrant registry” wasn’t removed due to the “grave risk” that it supposedly posed to the safety of elected officials.
Like Publius, the Legislative Counsel issued a takedown demand to Plaintiff Derek Hoskins, the owner of Northeast Shooters, an online forum for discussing firearms issues and shooting sports activities, news, and politics. Hoskins is also a board member of the Massachusetts-based civil rights group Commonwealth Second Amendment (Comm2A). The Legislative Counsel required Hoskins “to continue to ensure that” the censored information is not reposted anywhere on his forum for four years.
“In a time where government officials are actively passing legislation to criminalize law-abiding gun owners and eliminate Second Amendment rights, the First Amendment’s protection of political speech and protest by law-abiding gun owners is more necessary than ever,” said FPC President Brandon Combs.
Related Press Releases
Important Case Filings & Dates (listed by docket # or other identification)
NOTE: Some documents contain redactions by order of the Court
#31 - Memorandum Decision and Order RE Plaintiff' Request to Allow Plaintiff Doe Publius to Proceed Pseudonymously
#24 - Memorandum Decision & Order on Plaintiffs' Motion for Preliminary Injunction
#22 - Plaintiffs' Reply In Support of MPI
#20 - Defendant's Opposition to Plaintiffs' MPI
#19 – Memorandum of Points and Authorities in support of (ISO) Motion for Preliminary Injunction (MPI); Declaration of Doe Publius ISO MPI; Declaration of Derek Hoskins ISO MPI; Notice of Motion and Motion for Preliminary Injunction
#12 – First Amended Complaint (Exhibit A, Exhibit B, Exhibit C, Exhibit D)
#9 – Defendant’s Answer to Complaint