The Christian Action League of Minnesota is suing the state in federal court over an unconstitutional Minnesota statute that allows a restraining order to be filed on the basis of “unwanted words.” The lawsuit was filed on May 4, 2020, by the Thomas More Society on behalf of the group that works against sexual exploitation and pornography addiction.

In July 2019, Minnesota District Court dismissed harassment charges filed against the Christian Action League of Minnesota by a Twin Cities lawyer. The attorney took exception to the group’s informational campaign targeting advertisers in a publication that was also promoting “strip clubs, porn stores, and phone sex ads.” The Thomas More Society was successful in defending the group against attack and the charges were dismissed.

Ann Redding, President of the Christian Action League of Minnesota, shared how the group had to indefinitely suspend the portion of their pornography awareness campaign in which they reached out to advertisers. Even though they were vindicated of the alleged harassment, current Minnesota law offers no protection against renewed charges by anyone who disagrees with their message. She said, “Our organization exists to educate citizens regarding the destructive nature of sexual exploitation and pornography addiction and to equip communities with resources to combat its devastating effects on children and families. Minnesota’s unconstitutional harassment laws stopped us from being able to do that without fear of being prosecuted.”

Thomas More Society Special Counsel Erick Kaardal explained that the law in question defines harassment as: “...unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target.”

“The problem with the statute is that it basically allows the government to issue a restraining order on unwanted words even if it’s political speech,” Kaardal said. “So, it is a blatantly severe restriction on First Amendment activity in Minnesota. The fact that Minnesota courts and county attorneys would even prosecute a pro-woman group under this law shows the state’s deep commitment to push us deeper into the cultural toilet bowl.”

The suit charges that the offending statute is, “facially unconstitutional and overbroad, interferes with the right of association, and is a content-based regulation.”

“The state law, as written, allows individuals to obtain a harassment order – and with it, a threat of criminal prosecution – to stop political speech activities,” stated Kaardal, “and it does so ‘regardless of the relationship between the actor and the intended target.’ There is no exception in Minnesota to protect political activities. This statute chills protected speech and intimidates citizens into censoring their own speech, and that is unacceptable and unconstitutional. Meanwhile, a political person or political organization with a harassment order in place against them, which could result in criminal prosecution and incarceration if they continue, deters their otherwise protected political speech activities.”

Kaardal explained how the 2019 harassment order crippled the protected free speech activities of the Christian Action League and its members. The restraining order against the organization was granted without a hearing in front of a judge and went into effect in late March 2019 without any opportunity for the group to counter it. The Christian Action League was unable to challenge the accusations in court until a July 2019 hearing, which resulted through a settlement in dismissal of the order. Since then, the group’s right to protest matters of public concern related to pornography was unconstitutionally stifled and illegally infringed upon because of the threat of future harassment restraining orders.

Read the complaint filed May 5, 2020, by the Thomas More Society at United States District Court – District of Minnesota, in Christian Action League of Minnesota and Ann Redding v. Mike Freeman, Hennepin County Attorney, here.