ST. PAUL, Minn. | 26 August, 2026 — The U.S. District Court of Minnesota ruled in favor of the Minnesota Voters Alliance, holding that Minnesota’s attempt to criminalize political speech within 60 days of an election violates the First Amendment.
In 2023, Minnesota enacted House File 3, which empowered the state to prosecute people for expressing disfavored opinions about election-related topics during the critical pre-election period. The Liberty Justice Center and Upper Midwest Law Center filed suit on behalf of Minnesota Voters Alliance, arguing the law violated the First Amendment by criminalizing speech on unsettled legal questions, including whether Minnesota’s constitution permits felons to vote before completing their sentences.
“The core promise of the First Amendment is that the government cannot appoint itself the arbiter of truth or silence political debate simply because an election is near,” said Reilly Stephens, Senior Counsel at the Liberty Justice Center. “House File 3 was an unconstitutional attempt to chill public discussion on vital constitutional and legal questions. We are thrilled the court recognized that the right to freely debate elections belongs to the people, not the state.”
The lead plaintiff, Minnesota Voters Alliance, is a nonpartisan 501(c)(3) dedicated to increasing public awareness of election issues and voter participation. Filed on September 11, 2023, the case challenged HF 3’s speech restrictions as unconstitutional. The Court agreed, concluding that the law imposed unlawful, content-based burdens on political discussion.
The Court’s decision affirms Minnesotans right to engage in open, vigorous debate about election policies and constitutional questions in the lead-up to Election Day. If Minnesota appeals, the Liberty Justice Center stands ready to continue defending the First Amendment rights of all Minnesotans and Americans who speak about elections.
The Liberty Justice Center filed Minnesota Voters Alliance v. Ellison in the U.S. District Court of Minnesota on September 11, 2023, and the case files are available here.