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Thomas v. City of Baxter Springs

369 F. Supp. 2d 1291(2005)

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Thomas v. City of Baxter Springs

United States District Court for the District of Kansas
369 F. Supp. 2d 1291(2005)

Facts

Ronald Thomas (plaintiff) authored and published a political editorial that criticized Donna Wixon, the city clerk for the city of Baxter Springs (defendant). After speaking with Robert Myers, who was the city attorney, Wixon filed a criminal complaint that charged Thomas with violating the city’s criminal-defamation ordinance, Baxter Springs Ordinance Number 762, Article 3, § 3.9a (the ordinance). The ordinance stated that “criminal defamation is communicating to a person . . . information, knowing the information is false and with actual malice, tending to expose another living person to public hatred, contempt or ridicule [or] tending to deprive such person of the benefits of public confidence or social acceptance.” The complaint alleged that Thomas published the editorial with actual malice and knowledge it was false. Thomas filed an action in federal court alleging in part that the ordinance was unconstitutional because it was both vague and overbroad. Wixon filed a motion to dismiss Thomas’s claim that the ordinance was unconstitutional for failure to state a claim upon which relief can be granted.

Rule of Law

Issue

Holding and Reasoning (Lungstrum, J.)

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