On February 19, 2009, the U.S. District Court for the District of Minnesota dismissed the complaint in 281 Care Committee, et al. v. County Attorneys.  The principal claim in the complaint is that Minnesota Statute Section 211B.06 violates the First Amendment in that in penalizes false non-defamatory political speech.  The federal judge identified jurisdictional issues and refused to accept the plaintiffs' invitation to view the statute as banning false non-defamatory political speech.

Attorney Erick Kaardal responded, "I am disappointed in the Court's decision and analysis.  The U.S. District Court for the District of Minnesota should be more vigorous in defending politically active Minnesotans from frivolous state court lawsuits based on speech that does not defame anyone.  The First Amendment provides an absolute freedom to political speech -- unless you are defaming someone.  My clients as speakers and listeners of political speech are opposed to any penalities for political speech that does not defame anyone.  Where is the compelling state interest for the government to penalize non-defamatory speech?  There is none.  My clients will appeal this decision to the U.S. Court of Appeals for the Eighth Circuit."

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