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Boren v. Gadwa - Joint Brief of Defendants Respondents

American democracy is built upon the idea that “debate on public issues should be uninhibited, robust, and wide-open.” But rather than participate in the marketplace of ideas, some turn to the courts to silence their critics. The First Amendment, however, does not tolerate censorship-by-lawsuit.

Gary Gadwa is a lifelong public servant, with nearly 40 years of experience in search-and-rescue operations in Idaho’s Sawtooth National Recreation Area. Even in retirement, he volunteers as a fire lookout, spending weeks at a time on a mountaintop looking for the telltale signs of forest fires.

In 2022, Gary spoke out when a wealthy landowner applied for a permit to designate part of his 480-acre Sawtooth-area ranch as an airstrip. Michael Boren, who owns several ranches in the area, argued that his application was “public minded,” and that his airstrip could be used for search and rescue operations. But Gary, along with hundreds of other Idahoans, disagreed. They believed the airstrip was unnecessary and would mar the scenic values of the SNRA. Despite their objections, Boren was granted the permit.

But rather than take his permit and go home, Boren sued Gary and a number of other Idahoans for daring to speak out against him.

Gary’s case is emblematic of a common problem—the Strategic Lawsuit Against Public Participation, or SLAPP. As the name implies, these lawsuits chill the right all Americans enjoy to speak their minds on matters of public concern. Recognizing the threat SLAPPs pose to the First Amendment, 31 states and the District of Columbia have enacted statutes to help defendants fight back. Yet Idaho is not one of them.

But FIREknows that nobody should endure censorship by lawsuit, and we’re stepping in to fight for Gary. After the Idaho district court wisely dismissed Boren’s lawsuit, writing that it “may be a SLAPP” and warning of “the potential for a great chilling effect on constitutional rights,” Boren appealed to the Idaho Supreme Court. FIREis now representing Gary in that appeal.