As a citizen of the United States, you expect that you’re living in a free country and there is freedom of speech, but then you hear cases like this Chief Blanchard Lawsuit, and it makes you wonder, what if some powerful individuals or officials decide to ruin it all for you? Well, because there are laws in this country, nobody can do that, and this case is a prime example of that. So just keep on reading to find out what really happened with Jason Followell and why this case matters to you as a citizen of this country.
Background of the Case
Followell is a local business owner in Aransas Pass. He has been critical of city council policies, which, in his opinion, are not transparent in any way. And this is not just local-level concerns, nah, he even went on to talk about it all in public meetings and on the internet.
And now, as we found out in the details of this lawsuit, see, the city’s leaders retaliated by frequently checking his property, giving the police orders to investigate him, and going through his place without warrants. That doesn’t sound too legal, or does it? After these measures did not deter his dissent, the Mayor supposedly sent a cease-and-desist letter to him requesting that he stop making public statements. Why? Isn’t this country supposed to provide freedom of speech??
Core Allegations
The lawsuit focuses on three main claims.
Abuse of Power: As you can clearly guess, this was one of the biggest issues from the start, like, according to Followell, it was Chief Blanchard who told the police officers that they should fabricate crimes for the purpose of getting him, even though multiple inspections had shown that there were no violations whatsoever. He clearly states that, sure enough, the officers conducted searches without warrants and that they abused the city codes, portraying their actions as a form of harassment rather than proper law enforcement.
Suppressing free speech: Mayor has been blaming for “sending” a cease-and-desist letter and a “warning against criminal trespassing” to Followell, which banned his access to public property. As for now, yes, Followell believes this was the Mayor’s way of retaliating against him for his criticism, which amounts to a breach of his First Amendment rights, and he has every right to believe that.
Harassment and defamation: Followell has also alleged that he has been publicly targeted on the media, which has resulted in his reputation and business being harmed.
Legal Claims Explained
This case was filed under federal civil rights law. Followell argues that:
- His First Amendment rights were violated through retaliation for speech.
- His Fourth Amendment rights were violated through unlawful searches.
Through this case, though, he is just asking the court for formal declarations of whatever wrongdoing the officials have done so far, and orders of preventing future retaliation, as well as, of course, compensation for damages and legal costs.
What’s Happening in Court
The lawsuit was initiated in the U.S. District Court for the Southern District of Texas on March 1, 2024. A pretrial hearing was conducted on June 13, 2024. Presently, there is no settlement or a final decision, and the lawsuit is still unfolding.
What Could Happen Next
Should Followell win, the court might decide on issuing orders that would stop any further retaliation and also provide compensation. The municipality could claim that they acted within their rights and their decision was unrelated to his speech if they win. Sure enough, when you thoroughly study this case, the decision in any case could have an impact on the way local governments respond to public criticism.
