The group has filed a First Amendment lawsuit against Democratic Governor Tina Kotek, Secretary of State LaVonne Griffin-Valade, and Elections Director Molly Woon, alleging that Oregon's election officials are engaging censorship vendors to stifle "criticism of its election system."
The lawsuit revolves around a contract designed to "identify and mitigate" alleged misinformation, disinformation, and malinformation, collectively referred to as "MDM." The twelve plaintiffs, which include former Oregon gubernatorial candidate Marc Thielman and state Senators Dennis Linthicum and Kim Thatcher, filed a motion for a preliminary injunction last week. This action followed an unsuccessful attempt to resolve the dispute through a "good faith effort" via a telephone conference.
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The plaintiffs argue that the contract fundamentally undermines online free speech, constituting a "blatant violation of the First Amendment." They have requested an order to halt any work related to the Secretary of State Griffin-Valade's request for proposals titled 'Election False Information Solution.'
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The 'Election False Information Solution' proposals were opened for bidding on September 21, and despite an October 27 deadline, they have not been executed. Griffin-Valade's office had previously awarded a similar anti-MDM contract to UK-based artificial intelligence company Logically AI, a fact confirmed by Griffin-Valade to lawmakers on November 9.
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The plaintiffs' motion seeks a preliminary injunction order prohibiting the defendants from surveilling and/or suppressing speech concerning alleged misinformation, disinformation, or malinformation. They argue that the targeted speech "is only harmful in the sense that it damages the credibility of Oregon’s repeated claims that its elections are 'safe and secure.'" The plaintiffs further contend that Oregon's actions echo those of "authoritarians since time immemorial," seeking to suppress and silence dissenting voices in violation of the First Amendment.
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Oregon's 'Election False Information Solution' agenda includes an "early warning system" that involves the federal government and law enforcement officials' assistance in mitigating MDM. The state is also imposing substantial fines on those who violate its speech rules surrounding election integrity. The plaintiffs highlight that "Oregon’s plan to intimidate the public from criticizing Oregon’s election system … has teeth," referring to a $10,000 fine, codified into law in 2021, for "communication of false statements of material fact intended to mislead electors on a variety of election topics."
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The plaintiffs' motion concludes by asserting that "The State of Oregon only exists to serve the people, for whom it works. Oregon is prohibited from interfering in the public’s speech criticizing Oregon’s elections or any other matter."
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This lawsuit follows a previous legal action by Thielman and Senator Linthicum against the government over Oregon’s vote-by-mail and “computerized tabulation systems.” That suit was unsuccessful in district court.
The 9th U.S. Circuit Court of Appeals dismissed their claim last week, stating that “lack of confidence in the integrity of the election system” is too speculative to sustain the lawsuit on behalf of Oregon voters. Senator Lithicum is also currently seeking a grand jury investigation into "alleged federal manipulation of COVID-19 statistics."
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