Eighth Circuit Court Rules MN Cannot Criminalize Political Speech

The United States Court of Appeals for the Eighth Circuit ruled today in favor of Minnesota Voters Alliance and its members in their First Amendment challenge to Minnesota’s election speech law.

The case, Minnesota Voters Alliance v. Ellison, challenges a law that imposes criminal and civil penalties for alleged “misinformation” during election season. MVA argued that the law threatened its ability to publicly advocate its position that Minnesota’s felon-enfranchisement law conflicts with Article 7, Section 1 of the Minnesota Constitution. The threat of prosecution – including claims raised by the Anoka County Attorney – prompted MVA to seek an injunction protecting its right to express that position.

The Eighth Circuit agreed that MVA is likely to succeed in showing its speech is protected by the First Amendment and ordered the district court to enter a preliminary injunction. The Court emphasized that political speech and advocacy lie at the core of First Amendment protection and that the government cannot suppress one side of a legitimate legal debate simply because officials disagree with it.

As Upper Midwest Law Center President Doug Seaton put it: “The First Amendment does not allow the government to end an argument by threatening prosecution.”

Read the Court Order, here: MVA-v-Ellision-2026