Under the First Amendment, you’re supposed to have the right to criticize the government without fear of retaliation. But this week, the Kentucky Court of Appeals will hear oral arguments in a case that shows the extraordinary lengths local governments will go to silence their critics and to send a message: Speak out against us, and we’ll come after you.
Kentucky city official sued candidate for defamation over criticism
That’s exactly what happened to David Ramler. David lives in Highland Heights, Kentucky, where he served on the city council and its safety subcommittee. David has always cared deeply about his community, eventually running for mayor. To launch his campaign, David chose a medium that dates to the founding of America: A political pamphlet. David published a six-page pamphlet that criticized city leaders and explained how he was “a better choice.” How did the city officials handle the criticism? They sued David for defamation.
Everyone knows what the lawsuit was really about: Retaliation. City officials offered to drop the bogus lawsuit if David agreed to move out of Campbell County for 40 years. This exile would prevent David from ever holding public office in Highland Heights — effectively eliminating a staunch critic and opponent. When David refused, a Kentucky trial court sanctioned the city officials’ retaliation-through-lawsuit tactic. This week, the Kentucky Court of Appeals will hear oral argument on David’s appeal.