FOR IMMEDIATE RELEASE:
October 25, 2022
MEDIA INQUIRIES CONTACT:
[email protected]
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FEDERAL COURT QUASHES DEPARTMENT OF JUSTICE SUBPOENA OF
EAGLE FORUM OF ALABAMA
QUASHING OF “OVERLY BROAD AND UNDULY BURDENSOME” SUBPOENA IS VICTORY FOR ADVOCACY RIGHTS OF INDIVIDUALS AND GROUPS ACROSS THE NATION
DOJ’S EFFORT TO INTIMIDATE NON-PROFIT GROUP FAILS
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Non-Profit Organization Was Targeted and Harassed for Advocating Passage of
“Alabama Vulnerable Child Compassion And Protection Act”
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(BIRMINGHAM) – A federal judge granted Eagle Forum of Alabama’s (EFA) motion to quash the U.S. Department of Justice’s (DOJ) unprecedented subpoena of August 9, 2022, declaring it “overly broad and unduly burdensome.” The original subpoena demanded all information related to the non-profit’s legislative activities promoting the Alabama Vulnerable Child Compassion And Protection Act (VCAP) since 2017.
“Eagle Forum’s triumph today is a victory for freedom of speech for all Americans who wish to be a part of the democratic process. We successfully defended the rights of private citizens and non-profits to engage in the legislative process when their viewpoint differs from that of the government,” said Kristen A. Ullman, President of Eagle Forum. “DOJ ardently fought to harass a volunteer group of concerned citizens and should take their loss today as a reminder they have awakened a sleeping giant. The Court made clear that the government’s attempt to silence voices with which it disagrees by demanding irrelevant materials will not be allowed.”
Judge Liles Burke, of the U.S. District Court for the Middle District of Alabama, said in his order, issued Monday, October 24, 2022, “Considering the relevance (or lack thereof) of the requested material, the burden of production, the nonparties’ resources, and the Government’s own conduct, the Court finds that the subpoenas exceed the scope of discovery” and granted EFA’s motion to quash.
Eagle Forum of Alabama took on this issue after hearing from citizens in Alabama, including parents, doctors, lawyers, and guidance counselors, about their concerns for otherwise healthy children who want to transition to the opposite sex. EFA decided to undertake the protection of these vulnerable children and have done so publicly and ardently.
VCAP became effective on May 8, 2022, following consideration in three successive legislative sessions including seven public hearings and passionate legislative campaigns conducted by proponent and opponent advocacy groups and individuals. Final passage was by large majorities in both Alabama chambers.
The constitutionality of Alabama’s VCAP law is the subject of Eknes-Tucker, et. al. v. Marshall, et. al., (renamed Boes, et al. v. Marshall) a lawsuit filed in the US District Court on April 19, 2022. On April 29, 2022, the DOJ filed a motion to join as an intervenor-party to the lawsuit. Eagle Forum of Alabama is not a party in this legal action.
The opinion of the Court is attached.
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Eagle Forum was founded by Phyllis Schlafly, a dynamic and charismatic leader who inspired countless women and men to participate in the process of self-government and public policy-making so that America will continue to be a land of individual liberty, with respect for the nuclear family, public and private virtue, and private enterprise. For nearly fifty years, Eagle Forum’s network of state organizations has led the charge to mobilize the grassroots to defend the founding principles of the United States.
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