Political Lawsuits and Prosecutions

Our free speech and election law cases often challenge vague and overbroad laws – that is, laws meant to legitimately regulate one thing that illegitimately regulate other political activities. Such laws, by their very nature, lead to unconstitutional investigations, prosecutions and lawsuits.

And, too often, it’s not just a problem with the law, but plaintiffs, prosecutors and bureaucrats who are motivated by nothing more than a desire to shut up or punish people with whom they disagree. This is especially true when a law is actually as clear as day, but the inquisitors pretend otherwise.

We don’t shy away from calling out and unequivocally defeating unconstitutional lawsuits and prosecutions. In both criminal and civil cases, we have crafted successful First Amendment-based defenses as lead counsel, co-counsel, or friends-of-the-court.

We have rebuked threat letters and defused investigations before the filing of charges or lawsuits. When we cannot defeat a case at the outset, we strive to keep the process—particularly discovery—focused and cost-effective so that the process does not become the punishment.