ND Supreme Court Rules In Favor Of Senator In Free Speech Case

By: Amy Dalrymple

BISMARCK, N.D. (North Dakota Monitor) – The North Dakota Supreme Court has sided with state Sen. Janne Myrdal, R-Edinburg, who was sued by a constituent after she blocked him from her Facebook page.

Justices, in an opinion published Friday, affirmed that the district court was correct when it dismissed claims brought by Mitchell Sanderson of Park River.

Sanderson claimed Myrdal violated his First Amendment rights when she barred him from commenting on her Facebook page. He said during a hearing in September that he was blocked for disagreeing with the lawmaker’s political views.

Myrdal’s attorney, Howard Swanson, argued in September that Myrdal created the Facebook page before she was elected. He said her profile isn’t an official government site, and therefore she did not violate Sanderson’s constitutional rights.

Justices agreed that Myrdal created the Facebook page “in her private capacity” and has always had exclusive control over the page. Justices also noted that Myrdal does not have the authority to speak on the state’s behalf.

Sanderson also argued the Supreme Court should overturn a district court’s ruling that requires him to pay Myrdal’s attorney fees of $4,975. The Supreme Court sided with Myrdal.

Myrdal’s attorney, Howard Swanson, argued in September that Myrdal created the Facebook page before she was elected. He said her profile isn’t an official government site, and therefore she did not violate Sanderson’s constitutional rights.

Justices agreed that Myrdal created the Facebook page “in her private capacity” and has always had exclusive control over the page. Justices also noted that Myrdal does not have the authority to speak on the state’s behalf.

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Sanderson also argued the Supreme Court should overturn a district court’s ruling that requires him to pay Myrdal’s attorney fees of $4,975. The Supreme Court sided with Myrdal.