BERKELEY, Calif. – Alliance Defending Freedom attorneys representing a California State Assembly candidate recently sent a letter to the law firm Feinberg, Jackson, Worthman & Wasow, which has been baselessly threatening him for discussing matters of public concern online. The letter explains that both the First Amendment and California law protect the candidate’s speech.
Dick Lucas is running as an independent candidate in California’s 51st District. Much like any other candidate for office, he maintains websites and social media pages to inform the public about the issues he hopes to address if elected. Lucas is particularly concerned about the economic ramifications of a ballot initiative, the Billionaire Tax Act, and he hopes to persuade citizens who visit his website and social media pages to voice concerns to the people behind the proposal. To that end, Lucas’ website identifies four drafters and two major proponents of the Billionaire Tax Act.
ADF attorneys explain that the individuals Lucas identified on his website and in his social media posts are not merely academics and industry leaders crusading for a personal cause on social media—they are the very people responsible for drafting and filing the initiative. And their efforts to pass this tax into law are well-documented.
To encourage the public to support their initiative, these individuals have appeared in television interviews and press conferences, written op-eds for The Wall Street Journal and The New York Times, and posted on social media in support of the tax. As the letter points out, Lucas’ speech, while at times critical, does not violate California’s anti-doxing laws and is entirely protected by the First Amendment.
“Just as it’s perfectly acceptable for proponents of high taxes to advocate publicly for the Billionaire Tax Act, it’s equally lawful for individuals to voice concerns and encourage others to do the same, as Mr. Lucas has done,” said ADF Senior Counsel Phil Sechler, director of the ADF Center for Free Speech. “Mr. Lucas bears no ill will toward any individual, including those who disagree with him about this tax. He is simply trying to defeat what he considers to be a bad policy through political speech—an ambition afforded every American.”
By criticizing the proposed wealth tax and encouraging others to do the same, Lucas has not intentionally “place[d] another person in reasonable fear for their safety,” which is what the law requires. His speech is core political speech robustly protected by the First Amendment. Nevertheless, he has now been threatened twice with costly lawsuits and criminal charges for his speech.
Feinberg, Jackson, Worthman & Wasow sent Lucas two cease-and-desist letters demanding he remove the names and links to the professional contact information of the Billionaire Tax Act proponents. Notably, the firm also represents Service Employees International Union-United Healthcare Workers West, the large “healthcare justice union” sponsoring the Billionaire Tax Act. The ADF letter to the firm notes that, because Lucas has not acted unlawfully and because his speech is protected by the First Amendment, he will not remove their names from his website. Furthermore, should the firm’s clients file a lawsuit against Lucas with the claims they threatened, it would subject them, under California law, to liability, including potential penalties, attorneys’ fees, and immediate dismissal.
- Pronunciation guide: Sechler (SECK’-lur)
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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