North Dakota right to free speech

The lawsuit

Imagine a short political billboard. Then a detective from the attorney general’s office investigates that speech and threatens a Class A misdemeanor under the state’s corrupt-practices act. That is what happened to the plaintiffs.

The statute covers political advertisements that are “untrue, deceptive, or misleading,” from billboards to text messages, with penalties of up to 360 days in jail and a $3,000 fine for an individual or $30,000 for an organization. The First Amendment generally protects even false or misleading political speech, and content-based limits face strict scrutiny. The law’s vague and broad wording causes speakers to censor themselves. The lawsuit claims the statute is used as a political weapon. In 281 Care Committee v. Arneson, the Eighth Circuit held a similar Minnesota statute unconstitutional. That decision supports the claim that the North Dakota statute is unenforceable.

Counsel is Erick G. Kaardal.

November 4, 2025: complaint filed in the United States District Court for the District of North Dakota.

Milestones

1. File the complaint and defeat a motion to dismiss. $37,500. Completed.
2. Amici curiae. $40,000 to tell other parties about the North Dakota issue and similar laws in nine states, and to seek friend-of-the-court briefs.
3. Discovery and summary judgment. $25,000 to $62,500 to gather evidence of chilling effects and to oppose summary judgment, seeking a declaratory judgment and a permanent injunction.
4. Trial and permanent injunction. $125,000. This step is marked completed, and it also covers trial if the case is not resolved on summary judgment.

Those figures are estimates of legal cost. A gift does not buy a result.