Alan Dershowitz: Class Action Lawsuit seeks to restore First Amendment rights to free speech of thousands of Americans allegedly silenced by Dominion Voting Systems
A class action lawsuit has been filed against Dominion Voting Systems, with poll workers and other "ordinary Americans" charging that their free speech rights under the First Amendment to the U.S. Constitution were trampled upon by a mega-corporation with millions of dollars and an army of aggressive attorneys.
The lawsuit was filed by eight Americans on Sept. 30 in U.S. District Court in Colorado on behalf of every American who found themselves muzzled, threatened and silenced after the Nov. 3, 2020 presidential election.
On Tuesday, Oct. 5, legendary First Amendment lawyer Alan Dershowitz, who is working as a legal consultant on the case, spoke with Mike Lindell and Brannon Howse on Lindell's new broadcast network at Frankspeech.com.
Many voters and poll workers were talking about what they saw with their own eyes in the aftermath of the Nov. 3 election. Most never even mentioned the word "Dominion," Howse said.
But, according to Dershowitz, a strange thing happened. They received letters from Dominion threatening lawsuits if they said anything publicly about what they saw on Nov. 3.
Dominion also sent threatening letters to key news outlets, actually filing lawsuits against some, such as Fox News and Newsmax. These networks quickly folded their journalistic tents and backed off of any and all coverage about the integrity of the election.
"They're being kind of preventively sued," Dershowitz said. "They're being told 'don't you dare mention Dominion, and don't you dare talk about this, because we might sue you inferentially.' These letters are so broad. They're written by lawyers, tough lawyers; I don't blame the lawyers, they're doing their job."
But those letters have had a "chilling effect" on the First Amendment, he said, that cannot be denied.
"I'm just a consultant on the case, because I've defended the First Amendment and free speech my whole life. That's my passion. I don't care about Democrat or Republican, conservative or liberal, I care that everyone gets their right to speak," he said.
"This is a class-action suit by ordinary poll workers, your friends and neighbors," he added.
"Dominion is saying if you speak out, if you say anything, we're going to sue you. So the goal of Dominion was to chill free speech. To prevent, to deter, ordinary Americans from expressing their views.
"This suit is not about whether the election was free or fraudulent or somewhere in between. Mike and I have very different views on the ultimate issues," Dershowitz continued. "That's not what's at stake. What's at stake is whether the American public has the right to hear a debate about this issue. It's about the right to hear from various news outlets so they can have the right to decide for themselves. But what happened because of these chilling letters that went out, people are afraid to talk. Nobody wants to get sued."
Dershowitz said it's critical to understand that "Dominion is the government" by proxy in this case.
"Dominion is not just a private firm. The United States government and various states delegated to Dominion, and their voting machines, the power to determine an election, under the Constitution. And when the Constitution was originally framed, it was the government who counted the votes. So when Dominion threatens, it's like you got a letter from the Justice Department, or the state attorney general, saying that if you dare to speak out, you will be sued. This is the government killing free speech, killing the First Amendment. And that's why although I have different views about the outcome of the election, I'm a liberal Democrat, I voted for Joe Biden, I preferred Hillary Clinton [in 2016], and that's why they say the First Amendment makes strange bedfellows. You may support the First Amendment with people you have completely different views from, and that's the strength of the First Amendment. It doesn’t choose between views. It says every side has to be heard. And that's why I support this lawsuit."
Fox has already been sued by Dominion but quickly acted as though it was afraid to pursue any objective coverage of the election process that took place on Nov. 3, even though many new procedures were used for the first time ever, with Covid-19 cited as the reason.
"They are afraid they will be sued again and again... and that's why they take the coward's way out," Dershowitz said.
Lindell asked Dershowitz about the historic context of this case and whether he thought the First Amendment was in jeopardy of being lost.
"Are we in a very scary time right now? Do you feel all your hard work went down the drain in one year?" Lindell asked.
"I'm not giving up. Americans love their freedom of speech," Dershowitz said.
He said other challenges throughout history were met and overcome.
"You had the Alien and Sedition Act in the 1870s, then we had McCarthyism with the right wing, and now we have the left wing cancel culture. ...you can't have a democracy without free speech.
"We have to have free speech for everybody. Let Dominion speak. Let people who criticize Dominion speak," Dershowitz said. "Let the American public decide for itself. We're smart enough. We're thoughtful enough. And we care enough to make the decision."