Walters v. Freedom From Religion Foundation

Location: Oklahoma
Status: Ongoing
Last Update: May 9, 2025

What's at Stake

Whether the Oklahoma Department of Education can sue the Freedom From Religion Foundation for exercising its constitutionally protected speech and petition rights to send advocacy letters to government actors it believes are violating the law.

On March 31, 2025, the Oklahoma State Department of Education and Oklahoma State Superintendent of Instruction Ryan Walters filed a lawsuit against the Freedom From Religion Foundation (FFRF). The lawsuit centers on FFRF’s advocacy work, including letters it has sent to public schools in Oklahoma, arguing that they were, in FFRF’s opinion, violating the constitution by incorporating religious activities in the classroom.

The case is a “Strategic Lawsuit Against Public Participation,” or “SLAPP” suit, seeking to punish FFRF for its constitutionally protected speech, despite failing to identify any actual violation of law.

On May 9, 2025, the ACLU and ACLU of Oklahoma filed a motion to dismiss on behalf of FFRF.

This case is part of the ACLU’s larger commitment to representing clients in SLAPP suits, which are used to weaponize the legal system to punish and silence constitutionally protected speech. In our motion to dismiss, we argue that FFRF’s advocacy is protected by the First Amendment, and that the Oklahoma State Department of Education’s lawsuit is as dangerous as it is frivolous.

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