May 2024 involved four private citizens (

Therese Pugh

,

David Sinn

,

Justin Risner

, and

Margaret/Mark Barlog

) who filed complaints against candidate

Debbie Wappel

for missing campaign disclaimers.

If your client intends to sue private citizens for "conspiring to chill speech," you must navigate several significant legal hurdles.

1. The Challenge of Suing Private Complainants

Suing private citizens for filing government complaints is difficult due to several protections:

• The Noerr-Pennington Doctrine: This legal principle generally protects private parties from liability for exercising their First Amendment right to petition the government for a redress of grievances, even if their motive is to "chill" a competitor's speech.
• Anti-SLAPP Laws: Indiana’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute (IC 34-7-7) protects individuals who speak out on matters of public interest. If a court finds your lawsuit is aimed at punishing them for their protected petitioning, the case can be dismissed quickly, and your client may be ordered to pay their attorney fees.