In a big win for freedom of speech, a federal judge has dismissed a lawsuit against the Freedom from Religion Foundation by Oklahoma State Superintendent of Public Instruction Ryan Walters.

The suit, filed on March 31 at the behest of co-plaintiffs Walters and the Oklahoma State Department of Education, sought to punish FFRF for sending advocacy letters to school districts objecting to religious activity in public schools. The American Civil Liberties Union and its Oklahoma affiliate, which represented FFRF in the lawsuit, filed a motion to dismiss in May, arguing that the suit was a frivolous attempt to silence protected speech.

U.S. District Judge John Heil III, in a decision issued late yesterday, agreed that no harm had come to the Oklahoma Department of Education because of the letters, asking, “In what way are plaintiffs precluded from administering Oklahoma’s public schools because of defendant’s letters?”

The order reads: “Plaintiffs have failed to sufficiently demonstrate standing under the framework. Indeed, the complaint does not allege that it has stopped executing its duties or ceased administration of Oklahoma’s public schools because of defendant’s letters. Nor does the complaint allege that the schools have ceased any policies or practices because of defendant’s letters. For these reasons, the court finds that plaintiffs have failed to show an injury in fact.”

“We are so pleased that Walters’ frivolous lawsuit seeking to muzzle FFRF and our free speech rights was promptly dismissed,” says FFRF Co-President Annie Laurie Gaylor. “It was an outrageous attempt by a Christian nationalist public official to attack FFRF’s work to uphold the First Amendment. FFRF will continue our vital work to protect the constitutional rights of students and families around the nation, including in Oklahoma.”

“This decision affirms a fundamental freedom: the right to petition the government for change,” says Vera Eidelman, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “The government has no business suing advocacy organizations for exercising their First Amendment rights, and we are grateful that the court recognized that government actors responding to the public doesn’t qualify as an injury.”

“As we enter a new school year, this judgement reaffirms our right to speak out against school policies and advocate for change,” says Megan Lambert, legal director at the ACLU of Oklahoma. “The right to dissent is now more important than ever, and we remain committed to ensuring that people can continue to advocate for better governance and equity in Oklahoma public schools. The Oklahoma State Department of Education is without the power to silence dissent.”

FFRF thanks the American Civil Liberties Union and the ACLU of Oklahoma for their representation. They argued that the lawsuit was a “Strategic Lawsuit Against Public Participation” (SLAPP), an abusive legal tactic that seeks to chill expression by saddling defendants with potentially lengthy and expensive litigation in retaliation for protected speech.

The Oklahoma City public radio station provides a good rundown of FFRF’s constitutional activities that raised Walters’ ire.

“In 2023, Prague Elementary stopped broadcasting daily prayer following a letter from the Foundation, and the group says it prevented school staff in Depew from imposing prayer during a Christmas play,” KGOU reports. “In each case, the school districts cited compliance with the First Amendment as their reason for ending the practices. The Foundation is also part of a coalition suing Walters and the state education department over a separate matter — a plan to use taxpayer funds for classroom Bibles and Bible-based instructional materials.”

FFRF and the ACLU are also part of a coalition that opposed a Walters’ statewide email last year focused on a “Mandatory Announcement” linking to a video entitled “Prayer for the Nation.” The email asserted that all Oklahoma schools must play the video for all their students and send it to their parents. The coalition had sent a letter to every superintendent in Oklahoma urging them not to show or disseminate Walters’ prayer video.

The state/church watchdog’s consistent vigil in the Sooner State to protect the constitutional wall of separation clearly got under Walters’ skin — prompting him to get the lawsuit filed.

FFRF celebrates Judge Heil’s clear-eyed judgment revealing the absurdity of the unwarranted legal attack against FFRF.

The Freedom From Religion Foundation is a national educational nonprofit that protects the constitutional separation between state and church and educates about nontheism.

The ACLU of Oklahoma works to secure liberty, justice, and equity for all Oklahomans through advocacy, litigation, and legislation, leading by example and fueled by people power.

For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.

The post BREAKING: Judge dismisses Ryan Walters lawsuit against FFRF appeared first on Freedom From Religion Foundation.