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Reason
Reason
Politics
Eugene Volokh

School Board Members Use "Anti-Doxing" Law to Sue Critics for Publicizing the Members' Employers

[UPDATE: For a loosely similar decision from the Minnesota Court of Appeals in 2012, see this post.]

From DeHart v. Tofte, decided Thursday by the Oregon Court of Appeals (Judges Douglas Tookey, Jacqueline Kamins, and Erika Hadlock):

In this case involving claims brought under Oregon's recently enacted "anti-doxing" statute, ORS 30.835, three defendants appeal a limited judgment denying their special motions to strike under Oregon's anti-SLAPP statute, ORS 31.150.

Each of the three plaintiffs in this case [Brown, DeHart, and Shannon] is an elected public official—namely, an elected director on the Newberg School Board (the School Board). Each plaintiff voted on a motion directing the superintendent of Newberg schools to, among other things, "remove all Black Lives Matter (aka BLM) signs, flags, and placards, apparel, buttons, and all other modes of display, and all instances of the symbol known as the Pride Flag from District facilities immediately" (the Ban).

Following the Ban, defendants [Schwanz, Tofte, and Brookfield]—each of whom has a child or children attending Newberg public schools, and each of whom disagreed with the Ban—posted information about plaintiffs' employers in a private Facebook group called "Newberg Equity in Education" (NEEd).

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