Jason Rapert Archives - American Atheists

American Atheists Wins New Victory Against Arkansas State Senator Jason Rapert As Case Heads to Trial

American Atheists — Thu, 28 Jul 2022 10:00:36 +0000

Little Rock, AR—Today, American Atheists celebrated the latest legal victory in its free-speech lawsuit against Christian nationalist Jason Rapert, an Arkansas state senator and failed lieutenant governor candidate. On Tuesday, July 26, United States District Judge Kristine G. Baker ruled in favor of American Atheists, ordering Rapert to finally turn over a trove of documents. She criticized his reasoning for refusing to do so as “repetitive boilerplate objections” and gave him until August 5 to produce the records American Atheists requested. American Atheists’ lawsuit, which was filed in 2018, accuses Rapert of discriminating against atheists and violating their free speech when he blocked them from his official Facebook and Twitter accounts. As part of her order, Judge Baker is forcing Rapert to turn over his social media data. “Judge Baker saw through Rapert’s desperate attempts to avoid accountability and sided with us on every issue we raised,” said Geoffrey T. Blackwell, Legal Counsel for American Atheists. “It’s outrageous that he wasted the court’s time—and our own—to try to deny us access to basic documents. If his decision to censor our clients wasn’t illegal and discriminatory, he should have nothing to hide.” In 2018, Jason Rapert called American Atheists’ lawsuit against him “frivolous.” However, in a 2019 ruling, Judge Baker wrote that American Atheists had a “fair chance of prevailing” in this litigation. In Tuesday’s decision, Judge Baker set the week of October 3, 2022, for the trial date. “Jason Rapert’s attempts to delay and obstruct didn’t work, and now we’re heading toward trial,” said Blackwell. “Rapert and other government officials should take note: actions have consequences, and there are risks to violating constituents’ civil rights. No one is above the law—certainly not a would-be theocrat who can’t handle criticism.”

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American Atheists Edges Closer to Victory in Lawsuit Against Christian Nationalist Arkansas State Senator Jason Rapert

American Atheists — Tue, 15 Dec 2020 21:17:43 +0000

Little Rock, AR—December 15, 2020—Today, the civil rights organization American Atheists celebrated a victory in its lawsuit for free speech and religious equality against Arkansas State Senator Stanley Jason Rapert. Judge Kristine G. Baker of the United States District Court for the Eastern District of Arkansas denied Rapert’s supplemental motion to dismiss the lawsuit against him in his individual capacity. Judge Baker agreed with American Atheists on each and every argument Rapert raised in his motion. She ruled that two of American Atheists’ four plaintiffs are not barred by Arkansas’ three-year statute of limitations, since they “allege that State Senator Rapert continues to violate their First and Fourteenth Amendment rights.” Similarly, Judge Baker determined that American Atheists can sue on behalf of members who are not named as plaintiffs in the case. Finally, she ruled that American Atheists had properly notified Rapert that he was being sued in both his individual and official capacities. “Jason Rapert’s legal arguments never held water, and now the court has told him so. Our clients are already preparing for their day in court, and I expect the court to ultimately grant us the injunction we are seeking. Rapert will have to respect the First Amendment rights of his constituents and of all Arkansans,” said Geoffrey Blackwell, Litigation Counsel at American Atheists. In 2018, American Atheists filed the lawsuit on behalf of its members in Arkansas, including four individual plaintiffs, whom Sen. Rapert unconstitutionally blocked from his official Facebook and Twitter accounts after they criticized his positions on several issues, including abortion and government endorsements of Christianity. American Atheists’ complaint also alleges that Rapert blocked the plaintiffs due to their atheism. In November of this year, Sen. Rapert introduced an outright abortion ban without exceptions for rape and incest, which he described as “the trigger” to overturn Roe v. Wade. In a tweet from 2014, Cathey Shoshone, one of the plaintiffs, suggested that Rapert support easy access to birth control: “That’s how you s[l]ow down abortion. How do you not see that?” Robert Barringer, another named plaintiff, was blocked by Rapert after pointing out that the Bible contains instructions for causing abortions in Numbers, a passage often referred to as the “Test for an Unfaithful Wife.” Last year, Jason Rapert announced plans to run for lieutenant governor in 2022. Also last year, Judge Baker noted in a previous decision that American Atheists has a “fair chance of prevailing” in the current lawsuit. “If Sen. Rapert becomes lieutenant governor, our victory in this case would follow him. He’d be accountable to the entire state of Arkansas and be under even more intense scrutiny,” said Blackwell. “As lieutenant governor, Rapert must represent all Arkansans—not just extremists who share his Christian nationalist worldview,” said Nick Fish, president of American Atheists. “This case is a loud signal to theocratic, totalitarian officials: You don’t have the right to shut down debate and target people for their religion or lack thereof, period.” American Atheists thanks Cross, Gunter, Witherspoon & Galchus, P.C. for serving as local counsel in this matter.

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Federal Judge: Atheist Free Speech Lawsuit Has A “Fair Chance of Prevailing,” Can Move Ahead

American Atheists — Mon, 30 Sep 2019 21:53:41 +0000

Little Rock, AR—An Arkansas federal judge ruled today that American Atheists’ lawsuit against Arkansas State Senator Jason Rapert has a “fair chance of prevailing” and allowed it to move forward. Judge Kristine G. Baker of the United States District Court for the Eastern District of Arkansas denied Jason Rapert’s motion to dismiss the lawsuit against him. “Rapert has repeatedly called our lawsuit against him ‘frivolous.’ Today’s decision should put an end to that ridiculous claim,” said Geoffrey Blackwell, Litigation Counsel at American Atheists. “The Arkansans Rapert has blocked will get their day in court, and we have every confidence we’ll prevail.” American Atheists filed the lawsuit on behalf of its members in Arkansas, including four individual plaintiffs, whom Rapert unconstitutionally blocked from his official Facebook and Twitter accounts after they criticized his positions on several issues. The complaint also alleges that Rapert blocked the plaintiffs due to their atheism. In the same order in which she rejected Rapert’s motion to dismiss, Judge Baker also denied American Atheists’ motion for a preliminary injunction, which would have forced the Arkansas state senator to “un-block” the individual plaintiffs while the lawsuit moves forward. Judge Baker determined that American Atheists and the four individual plaintiffs had a “fair chance of prevailing” on their claim that Rapert violated the Free Speech Clause of the First Amendment. Nonetheless, Judge Baker concluded that imposing a preliminary injunction would be inappropriate in part because the individual plaintiffs did not act swiftly enough to challenge the violation of their rights. “Judge Baker’s decision underscores the importance of taking immediate action when government officials block you on social media,” said Blackwell. “Hopefully, Senator Rapert sees the writing on the wall and chooses to stop censoring people who disagree with him. But I’m not holding my breath.” “Sen. Rapert has an uncanny way of crying persecution even as he tramples on atheists’ rights,” said Nick Fish, President of American Atheists. “He can’t claim to care about the concerns of his constituents while turning the public forums he set up to hear those concerns into his very own ‘safe space.’” Judge Baker’s decision today ruled out the possibility of punitive damages against Rapert. Judge Baker concluded that, because the law on free speech in the realm of social media is developing and unsettled, Rapert is entitled to qualified immunity for claims of monetary damages.

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Atheists: State Sen. Rapert “Incompetent or Intentionally Misleading the Court”

American Atheists — Thu, 31 Jan 2019 16:16:39 +0000

Little Rock, AR—This week, American Atheists filed two documents in its federal lawsuit against Arkansas state Senator Jason Rapert. The lawsuit alleges that Rapert’s habit of blocking atheist constituents on social media violates their First Amendment rights. In public statements and filings in the court, Rapert has repeatedly claimed that his social media accounts are private, not official, and therefore he can manage them as he sees fit. “Countless pieces of evidence disprove Rapert’s claim,” said Litigation Counsel Geoffrey Blackwell. “If he believes his accounts are personal, he must be defining the words ‘official’ and ‘personal’ in a manner with which I am unfamiliar.” Blackwell points to countless examples of Rapert using his “Sen. Jason Rapert” Facebook page, one of the social media platforms at issue in this litigation, as a public forum to discuss important policy matters with his constituents and seek their input. Until January 4, 2019, the “Sen. Jason Rapert” page even said, “This page is for communication with constituents and citizens.” Rapert also uses the @JasonRapert Twitter account to communicate with his constituents. He has sought feedback from them on potential bills, tweeting that “constituents asked me & I asked constituents.” He has also affirmed that “responding to constituents is a part of the job description.” In addition, Rapert has streamed at least 29 videos from Arkansas State Capitol facilities to which he has special access due to his elected position. This includes at least 28 videos from his own Senate office and at least one video from the Arkansas Governor’s Office during a bill signing. “Like digital town hall meetings, these accounts serve as instruments of his Arkansas Senate office,” Blackwell continued. “On both Facebook and Twitter, Rapert performs duties intrinsic to his role as a state legislator. By shutting out his atheist constituents, he is preventing them from engaging in forums for discussion and debate, from being active citizens.” “Rapert is either incredibly incompetent or intentionally misleading the court when he claims he’s using social media for personal use only,” said American Atheists President Nick Fish. “Anyone who spends more than 30 seconds on Rapert’s social media accounts can see that he uses them for official purposes.”

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Christian Supremacist State Senator Is No-Show in Court

American Atheists — Tue, 15 Jan 2019 20:19:08 +0000

Little Rock, AR—State Senator Jason Rapert, who blocked his atheist constituents from public forums on social media, failed to appear in court today to defend his unconstitutional actions. “Three of our plaintiffs drove to Little Rock for this hearing, even though one lives more than three hours away. Senator Rapert could have done taxpayers the courtesy of not needlessly drawing out this lawsuit if he had just walked the few blocks from his office to the courthouse,” said Geoffrey Blackwell, litigation counsel at American Atheists. “He is eager to say he’s only a part-time legislator but apparently does not have the time to spare to make his case in court and under oath.” Judge Kristine G. Baker of the United States District Court for the Eastern District made no decision on the preliminary injunction American Atheists filed last week against Rapert in order to provide him with additional time to file a written response. “The Constitution and legal precedent are on our side. The Knight First Amendment Institute v. Trump case and others like it have made the strength of our case abundantly clear,” added Blackwell. “The First Amendment protects online speech just as much as speech in the public square.” The original complaint was filed on behalf of American Atheists members in Arkansas, including four individual plaintiffs, whom Rapert unconstitutionally blocked from his official Facebook and Twitter accounts after they expressed viewpoints different from his on several issues. The complaint also alleges that Rapert blocked the plaintiffs due to their atheism. “Rather than blowing through taxpayer dollars to justify blocking atheists who dare to disagree with him, Jason Rapert and snowflakes like him ought to welcome reasonable criticism and respectful dialogue about the important issues facing our nation,” said Nick Fish, President of American Atheists.

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Atheists Seek Preliminary Injunction and Restraining Order in Arkansas Free Speech Lawsuit

American Atheists — Wed, 09 Jan 2019 20:11:56 +0000

LITTLE ROCK, AR—Today in federal court, American Atheists filed a motion for a preliminary injunction and a temporary restraining order against Arkansas State Senator Stanley Jason Rapert in the civil rights lawsuit alleging that Rapert regularly violates the rights of his atheist constituents by blocking them on social media. The preliminary injunction and temporary restraining order seek immediate protection of the plaintiffs’ rights while the lawsuit is ongoing. The lawsuit was brought on behalf of American Atheists members in Arkansas, including four individual plaintiffs who were unconstitutionally blocked from Rapert’s official Facebook and Twitter accounts after they expressed viewpoints different from his on several issues and because of their atheism. According to the complaint, Rapert’s actions violate both the Arkansas and U.S. Constitutions. “The law is on our side. Multiple federal courts have ruled that elected officials cannot pick and choose which constituents can engage with them on public forums created through social media,” said Alison Gill, Vice President for Legal and Policy. “Sen. Rapert uses these platforms in an official government capacity and blocking citizens because of their political or religious views is a textbook violation of their rights.” “Senator Rapert takes great pleasure promoting his extreme views about religion and his hostility toward atheists on taxpayers’ dime,” said Nick Fish, president of American Atheists. “Rather than spending all of his waking hours advancing a Christian supremacist agenda, he should focus on protecting the rights of all of his constituents, including those who disagree with him.” Arkansas attorney Philip E. Kaplan, recognized by Best Lawyers in America in the areas of Appellate Law and First Amendment Law, among many others, is American Atheists’ local counsel in the lawsuit. According to Kaplan, “Sen. Rapert’s eagerness to block any dissenting voice should set off alarm bells for all Arkansans and all Americans, who treasure—above all else—their freedom of speech.” American Atheists seeks a court order permitting the plaintiffs to participate in these public forums, as well as nominal damages, punitive damages, and attorney’s fees.

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Arkansas State Senator Sued for Violating Constitutional Rights of Constituents

American Atheists — Tue, 02 Oct 2018 15:25:56 +0000

LITTLE ROCK, AR—American Atheists filed a federal civil rights lawsuit today in the Eastern District of Arkansas against State Senator Stanley Jason Rapert for violating the First and Fourteenth Amendments of the United States Constitution and Arkansas state law. The complaint was filed on behalf of American Atheists members in Arkansas, including four individual plaintiffs who were unconstitutionally blocked from Rapert’s official Facebook and Twitter accounts after they expressed viewpoints different than his on several issues. According to the complaint, Rapert also blocked the plaintiffs due to their atheism. “The senator’s conduct constitutes viewpoint discrimination, which is prohibited under the First Amendment. Government officials cannot take hostile actions—like limiting participation in public forums—against someone simply because they have different beliefs,” said Alison Gill, American Atheists’ Legal and Policy Director. “These forums include social media accounts used by public officials for government purposes. “The Supreme Court has been clear that social media platforms are perhaps the most powerful mechanisms for citizens to make their voices heard,” Gill added. “And now multiple federal courts have ruled that blocking citizens from participating in this forum is an unconstitutional violation of their freedom of speech.” “Senator Rapert has a duty to represent all of his constituents, not just the ones who share his religious views, and on that duty, he is failing miserably,” said American Atheists President Nick Fish. “Anyone capitalizing on their elected office to advance their particular religious viewpoint seriously misunderstands the foundation on which America was built.” Arkansas attorney Matt Campbell, an expert on civil rights, criminal law, and the appellate process, is American Atheists’ local counsel in the lawsuit. According to Campbell, “Senator Rapert’s own comments demonstrate that his actions were motivated by animus toward atheists and those who support the constitutional separation of religion and government.” American Atheists seeks a court order permitting the plaintiffs to participate in these public forums, as well as nominal damages, punitive damages, and attorney’s fees. Rapert’s actions highlight the need for more atheists to speak out about their beliefs and challenge government officials who silence them in public forums, so American Atheists has launched Atheists ENGAGE, a campaign to fight viewpoint discrimination in public forums. Atheists who have been blocked by public officials on social media can send reports to ENGAGE@atheists.org. For more information, visit atheistsENGAGE.org.

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