America First Legal Sends Cease and Desist Letter to Combat Unlawful Viewpoint Discrimination and Defend First Amendment Rights

WASHINGTON, D.C. – Today, America First Legal (AFL) sent a cease and desist letter to Utah State Senator Daniel McCay to combat unlawful viewpoint discrimination and defend Utah residents’ First Amendment right to free speech.

In April 2023, Senator McCay publicly posted in support of Senate Bill 31, embedding a link to a YouTube channel. In response, AFL’s client submitted a comment to Senator McCay’s public forum post. Upon reading AFL’s client’s comment, Senator McCay unilaterally banned him from following, observing, or commenting on his social media account — a vital forum to share important information with the American public. 

Senator McCay alleges that his social media account, which banned AFL’s client, is a “campaign page” with the right to hide comments that are not relevant or beneficial to post. 

While it is true that campaign accounts may hide comments that are not appropriate based on personal judgment, Senator Dan McCay utilized his “campaign page” as an official government account, therefore violating Utah’s Government Records Access and Management Act.

AFL will always stand against unconstitutional attacks on free speech and defend the First Amendment rights of every American.

Statement from Ian Prior, America First Legal Senior Advisor:

“The right to speak on matters of self-governance and the performance of our representatives is one of the core founding principles of our nation and enshrined in the First Amendment to the United States Constitution. The law is well-settled that elected officials who block constituents from exercising that fundamental right based on viewpoint does so in violation of the Constitution. America First Legal has and will continue to hold all public officers accountable for respecting the rule of law. We look forward to Senator McCay complying with the First Amendment and unblocking our client,” said  Ian Prior.

Read the letter here.

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