(WBKO)—Simpson County Judge/Executive Mason Barnes is facing a lawsuit from the Liberty Justice Center, which claims he violated a whistleblower’s First Amendment rights by censoring online speech critical of county government.
The lawsuit, filed March 12 in the U.S. District Court for the Western District of Kentucky, alleges Barnes retaliated against Joel Peyton, a Simpson County resident who questioned a 2023 land purchase by the Simpson County Industrial Authority.
The Liberty Justice Center contends Peyton’s online comments exposing “unethical behavior by county government officials” were censored.
Peyton and others began investigating the land deal last year, submitting open records requests and uncovering personal credit card charges made by the then-director of the Industrial Authority.
The director later resigned, and the land purchase was scrapped, according to the Liberty Justice Center.
Concerns grew after Barnes began building a home on land previously sold by the Industrial Authority and rezoned for residential use by the Simpson County Fiscal Court.
The BRADD Regional Ethics Board later determined Barnes violated ethics rules in the process. Among the violations, the board ruled he voted on a proposed property rezoning even though he was involved as a developer. The board found he never disclosed his private company’s involvement in a construction project before the vote.
Following the ethics ruling, Peyton alleges Barnes retaliated by blocking him on Facebook and “publicly naming him in a post attacking those who signed the complaint.”
“Mason Barnes tried to discredit me and suppress my speech to cover up his own wrongdoing. But censoring me doesn’t erase anything he did—it just adds another ethics violation to his record,” Peyton said. “I am grateful to the Liberty Justice Center for taking on this fight.”
The Liberty Justice Center argues government officials’ social media pages are public forums under the First Amendment and that blocking constituents or deleting their comments can constitute a violation of free speech rights.
“The claims asserted against Judge Executive Barnes misrepresent the nature of his actions and the role of his social media presence,” said Aaron Smith, Barnes’ attorney, in a statement sent to WBKO Investigates. “The legal precedent regarding the intersection of public office and digital communication is complex, and we are confident that a full review of the facts will demonstrate that our client acted lawfully.”
The lawsuit seeks a permanent order preventing Barnes from censoring public comments online.
“While we respect the right of all citizens to engage in open dialogue, we also believe that government officials must have the ability to moderate discussions in a manner that ensures productive engagement for the benefit of the entire community,” Smith said on behalf of Barnes.
Covington-based attorney Steven J. Megerle is serving as local counsel in the case. Barnes is represented by Smith of ELPO Law in Bowling Green.
Barnes denies any wrongdoing and maintains that his actions involving the management of his Facebook page have been in full compliance with the law, the statement said.