OKLAHOMA CITY — Civil liberties groups are calling a lawsuit by the Oklahoma State Department of Education a direct attack on free speech after Superintendent Ryan Walters filed legal action against the Freedom From Religion Foundation (FFRF) for objecting to religious activity in public schools.
The ACLU and ACLU of Oklahoma, representing FFRF, filed a motion Friday to dismiss what they call a “SLAPP” suit—short for Strategic Lawsuit Against Public Participation. They allege it’s designed to punish constitutionally protected advocacy. The lawsuit was filed in the U.S. District Court for the Eastern District of Oklahoma.
According to the ACLU, Walters’ office has not identified any specific legal violations by FFRF, which had sent letters to school districts challenging what it saw as unconstitutional religious activities.
“We are proud of the work we are doing to protect the rights of conscience of public school children in Oklahoma,” said Annie Laurie Gaylor, FFRF Co-President. “This frivolous lawsuit by Ryan Walters seeks to silence FFRF, and we are not going to allow that to happen.”
ACLU say Walters lawsuit targets protected speech
The lawsuit marks another flashpoint in Walters’ campaign to position religion prominently in Oklahoma’s public education system, a move that has drawn widespread legal scrutiny.
The ACLU says lawsuits like this are intended to intimidate groups that challenge government policy.
“Advocacy organizations have the right to criticize government policy and push for change,” said Megan Lambert, legal director of the ACLU of Oklahoma. “This lawsuit is just another in a long line of political stunts by OSDE as it seeks to silence and punish dissent. We will vigorously defend FFRF’s First Amendment rights against the Department’s abuse of the legal process.”
The motion to dismiss argues that the state’s complaint is not about any unlawful conduct—but about punishing public criticism.
“Our client has not violated any law by speaking out against religious activities in Oklahoma public schools,” said Vera Eidelman, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “This lawsuit has one goal: to chill our client’s ability to petition the government. This is an abusive legal tactic intended to punish people and organizations for speaking out and fighting back against government policies.”
FFRF, a nonprofit based in Wisconsin, frequently sends letters to public institutions across the country when it believes constitutional boundaries between church and state have been crossed. In Oklahoma, where Walters has increasingly leaned into far-right cultural battles, the group’s objections appear to have become the latest political target.
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