Yesterday, Free Speech For People and co-counsel Bryan Sells filed our appeal brief in the US Court of Appeals for the Tenth Circuit on behalf of NAACP Colorado, League of Women Voters of Colorado, and Mi Familia Vota. The appeal challenges the district court’s rulings that the United States Election Integrity Plan (USEIP) and three of its leaders should not be held responsible for voter intimidation, where the group’s agents, some of them armed, used public voter lists to interrogate voters in their homes after the 2020 election, publicized their “findings,” and threatened severe consequences for anyone they believed to be involved in election fraud.

Before trial began, the district court ruled that the organization could not be sued under either the Voting Rights Act of 1965 or the Ku Klux Klan Act of 1971 merely because the organization is unincorporated. The district court then ruled in favor of the remaining defendants at trial.

In the appeal brief, the plaintiffs argue that the district court’s judgment was the result of legal and factual errors that “were highly prejudicial, narrowing the plaintiffs’ claims beyond recognition and limiting the presentation of their case at trial.” As the brief explains, no one unhappy with an election result has the right “to strike fear into the hearts of their fellow citizens . . . with door-to-door vigilantism backed by threats of violence,” and that the district court’s judgment, which “may have unwittingly validated such efforts . . . rest[ed] on error after error that render it infirm.” The plaintiffs have requested oral argument.

To read the brief, click here.

To learn more about the case, click here.