On August 20, the Liberty Justice Center celebrated a victory for free speech after finalizing a settlement to protect the First Amendment rights of a Kentucky whistleblower who exposed ethics violations in his local government.
On March 12, the Liberty Justice Center filed a lawsuit on behalf of Simpson County resident Joel Peyton, a whistleblower who uncovered undisclosed conflicts of interest in land development projects organized by the county’s Industrial Authority. Mr. Peyton’s efforts led to an investigation by the local Board of Ethics, which found that Simpson County Judge Executive Mason Barnes had violated the county’s Ethics Code. In response, Barnes blocked Peyton from his official social media page and used that page to attack Peyton and others who raised concerns.
The Liberty Justice Center’s lawsuit invoked Supreme Court precedent clarifying that government officials are liable under the First Amendment for using social media to engage in viewpoint-based discrimination against constituents. The settlement requires Mr. Barnes to unblock Joel Peyton from his County Judge Executive Facebook page, acknowledge the First Amendment’s protection of robust public discourse, and refrain from engaging in further viewpoint-based discrimination on social media.
“I am grateful that the Liberty Justice Center fought for my First Amendment rights and helped me achieve this win, which I see as a victory for all residents of Simpson County,” said plaintiff Joel Peyton.
“Americans have the right to speak out and criticize their government—whether it’s the President or a local official—without fear of retaliation,” said Dean McGee, Senior Counsel and Director of Educational Freedom at the Liberty Justice Center. “We hope this case makes it clear to public officials that the First Amendment’s protections apply just as much online as they do anywhere else.”
The Liberty Justice Center recently secured another First Amendment victory in Kentucky with the successful settlement of a lawsuit defending educational advocate Corey DeAngelis, whose speech was censored on social media. The Liberty Justice Center continues to fight for Americans’ constitutional rights at no cost to its clients or to taxpayers, in Kentucky and across the nation.