Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 1 of 28

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Darrell L. Hill (Bar No. 030424)
Kathleen E. Brody (Bar No. 026331)
ACLU Foundation of Arizona
3707 North 7th Street, Suite 235
Phoenix, AZ 85014
Telephone: 602-650-1854
Email: dhill@acluaz.org
Email: kbrody@acluaz.org
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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J’aime Morgaine, Paul Hamilton,
v.

No.: 17-CV-08178-DGC

Plaintiffs,

FIRST AMENDED COMPLAINT FOR
DECLARATORY AND INJUNCTIVE
RELIEF

United States Congressman Paul Gosar,
Defendant.

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I.

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1.

PRELIMINARY STATEMENT

This case arises from United States Congressman Paul Gosar’s repeated and

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ongoing infringement of Plaintiffs’ First Amendment rights. Defendant has blocked Plaintiffs

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from participating in government-created online public forums hosted on Defendant’s social

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media accounts, and has censored or deleted Plaintiffs’ comments that express viewpoints

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opposing or critical of Defendant’s political views. Plaintiffs bring this action to defend their

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right to engage in protected speech in government-created online public forums.

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2.

When a government official creates an online public forum for constituent

expression, the First Amendment prohibits the official from banning persons or censoring

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comments that express opposing or critical viewpoints. When a government official uses social

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media to offer responsive services or dialogue with constituents in his or her official capacity,

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the First Amendment requires the official to provide all persons an equal opportunity to

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petition the government for redress. And when a government official uses social media to

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make government information and services generally available, the First Amendment prohibits

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banning constituents in a manner that prevents them from having equal access.

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3.

Congressman Gosar’s policies and practices on his official social media accounts

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violate Plaintiffs’ First Amendment rights and chill Plaintiffs’ present and future exercise of

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those rights. Judicial intervention is required to end Defendant’s ongoing violation of

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Plaintiffs’ constitutional rights.

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II.

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4.

JURISDICTION AND VENUE

This Court has original jurisdiction over these federal claims pursuant to 28

U.S.C. §§ 1331 and 1343.
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The Court may grant declaratory and injunctive relief for the constitutional

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violations alleged here under 28 U.S.C. §§ 2201(a) and 2202, and/or Federal Rules of Civil

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Procedure 57 and 65.

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6.

Venue is proper in the United States District Court for the District of Arizona

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pursuant to 28 U.S.C. § 1391(b) and (e) because the events giving rise to the instant claim

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occurred within Arizona and because the Plaintiffs and Defendant resides in Arizona.
III.

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Plaintiff J’aime L. Morgaine is a resident of Kingman, Mohave County, Arizona,

a founder of Indivisible Kingman, and a current constituent of Congressman Paul Gosar.
8.

Plaintiff Paul Hamilton is a resident of Prescott, Yavapai County, Arizona, a

founder of Indivisible Prescott, and a current constituent of Congressman Paul Gosar.
IV.

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Plaintiffs

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Defendant

Defendant United States Congressman Paul A. Gosar is the elected

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representative for the Fourth Congressional District of Arizona. Congressman Gosar has

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ultimate authority to approve the policies and practices that are challenged in this case and that

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were applied to deprive Plaintiffs’ constitutional rights. Congressman Gosar acted under color

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of state law with respect to all actions complained of herein, and is being sued in his individual

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capacity.
V.

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Summary of Facts

A.

Defendant’s Facebook Page is a Public Forum.

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Facebook is a social media platform with approximately 1.94 billion monthly

users worldwide, including approximately 234 million individual users in the United States and
Canada.
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Facebook users may post messages, photos, and videos, respond to or share

others’ messages, photos, and videos, and interact with other Facebook users in relation to
those posts. Facebook contains several features to promote dialogue, sharing, and
communication between users.
a. Each Facebook user has a personal page that the user may design and use
according to their preferences. Facebook privacy settings allow users to regulate

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who may or may not view their page, who may or may not comment on their

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page, and who may or may not follow their page.1
b. A status update is a post on a user’s Facebook page that is shared with a

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Facebook user’s friends or the public, depending on the user’s privacy settings.

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These posts can range from written messages to photos and videos. Facebook

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users may post replies to other users’ status updates. Replies appear under the

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status update among other user replies and can be seen by other users who have

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access to the original post. Facebook users may also react to posts and replies

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using graphics without posting their own comment.
c. Facebook users may broadcast live video to the public or their followers using

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the Facebook Live feature. Videos are saved to the Facebook user’s page and

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may be viewed after the broadcast has ended.2
d. Facebook users also have the ability to ban or block other users or the public

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from viewing their page. When a user is blocked from a public page on

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Facebook, all the user’s previous comments to the page are hidden, the user loses

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his or her ability to publish to the page, react to posts on that page, or follow that

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page in his or her timeline. The process for and consequences of blocking a user

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is explained in Facebook’s Help Center.3
12.

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Congressman Gosar owns and operates an official, public, government Facebook

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page entitled “Congressmen Paul Gosar D.D.S.” Exhibit A, screenshot of Congressman

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Gosar’s official Facebook page. Congressman Gosar’s Facebook page is “verified,” Facebook

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has confirmed “Congressmen Paul Gosar, D.D.S” is the authentic profile for Congressman

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Gosar.4

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See Facebook Basic Privacy Settings and Tools, available at
https://www.facebook.com/help/325807937506242/.
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See Facebook Live, online at https://live.fb.com/.
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See Facebook: Blocking People, online at
https://www.facebook.com/help/290450221052800/.
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See Facebook: What is a Verified Page or Profile?, online at
https://www.facebook.com/help/196050490547892?helpref=popular_topics.
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13.

In a November 6, 2013 status update, Congressman Gosar’s staff states that

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Congressman Gosar’s Facebook “page is meant for the Congressman to share news, photos

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and interact with people throughout the district and you to share back what you think with him

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and one another. Rep. Gosar does his best to keep up with messages and the comments left on

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the page and his staff tries to help when needed.” Exhibit B, screenshot of Congressman Gosar

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status update November 6, 2013.

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14.

Congressman Gosar uses his official Facebook page to converse with the public,

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share news and information, to dialogue with constituents, and to allow constituents to

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dialogue with one another. Visitors to Gosar’s Facebook page are encouraged to express their

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opinion regarding current news and legislation.
15.

Congressman Gosar’s official house website “gosar.house.gov” links directly to

his official Facebook page. Exhibit C.
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In correspondence to constituents, Congressman Gosar states that he makes “it a

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point to read emails like yours, Facebook comments and good old fashioned mail as much as

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possible.” For “more frequent updates” on Gosar’s congressional activities, he invites

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constituents to follow his official Facebook page, Twitter, or Instagram account. Exhibit D.

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Congressman Gosar’s business cards also direct the public to connect with

Congressman Gosar via his social media sites, including his official Facebook page. Exhibit E.
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Congressman Gosar’s official Facebook page lists him as a “Government

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Official,” links to his official House website, gosar.house.gov, and includes the phone number

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for his Washington D.C. office. The “about” section of Congressman Gosar’s Facebook page

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list his current office and political affiliation, “U.S. House of Representatives, Arizona, District

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4, Republican,” as well as his committee memberships (“Chairman of the Congressional

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Western Caucus and the Subcommittee on Energy & Minerals.”). As of December 22, 2017,

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Gosar’s official Facebook page was liked by 14,338 Facebook users and followed by 17,068

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Facebook users.

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Congressmen Gosar’s Facebook page also conforms to the requirements for

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social media websites of the Members’ Congressional Handbook for the 115th Congress, re-

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adopted December 1, 2017. The Members’ Congressional Handbook is a set of regulations

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issued to ensure members of the House of Representatives “utilize official resources to support

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the conduct of the official representation duties on behalf of the district from which he or she is

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elected.”5

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The handbook specifies that members may use “official funds” to maintain

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websites on “third-party sites” such as Facebook with the stipulation that “Social Media

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Accounts” are subject “to the same requirements as content on Member websites.” Id at p. 33-

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34.
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The Handbook requires the URL of official third-party websites to “be

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recognizably derivative or representative of the name of the Member . . . sponsoring the

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website.” Id. at p. 34. The URL of “Congressmen Paul Gosar D.D.S.” is

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https://www.facebook.com/repgosar/.
22.

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The Congressional Handbook specifies the content of a house members’ official

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social media account comply “with Federal law and House Rules and Regulations applicable to

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official communications and germane to conduct of the Member’s official and representational

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duties.” Id at p. 33-34.
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Congressman Gosar also owns and operates the Facebook page, “Paul Gosar for

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Congress.” https://www.facebook.com/DrPaulGosar/. Gosar’s campaign page does not

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conform to Facebook or Congressional requirements for elected representatives, does not link

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to Gosar’s congressional office, does not prominently specify Gosar is a congressional

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representative, does not host online town halls, is not linked to by Gosar’s house.gov website,

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and is not mentioned in official correspondence to constituents.

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U.S. House of Representatives Members’ Congressional Handbook, Committee on House
Administration available at
https://cha.house.gov/sites/republicans.cha.house.gov/files/documents/member_services_docs/
Members%20Handbook%20115th.pdf.
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Upon information and belief, the Facebook page “Congressmen Paul Gosar

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D.D.S.,” is Congressman Gosar’s official, government social media platform, which he uses to

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contact, inform, and dialogue with constituents.

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B.

Defendant’s Unconstitutional Social Media Policy.

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Defendant has adopted and enforces a social medial policy on “Congressmen

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Paul Gosar D.D.S.” which establishes guidelines for constituents who wish to participate on

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Gosar’s official Facebook page. Exhibit F. The policy is accessible on Congressman Gosar’s

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Facebook page in the “About” section.6
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The social media policy states that Congressman Gosar and his staff “reserve the

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right to hide or delete user comments that include profanity, name-calling, threats, personal

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attacks, known factual inaccuracies or other inappropriate comments or material at our

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discretion.” Id.
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The method of determining whether a comment is “inappropriate” or contains

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“factual inaccuracies” is not disclosed, nor what language or behavior constitutes “profanity,”

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“name-calling,” “threats,” or “personal attacks.” The policy allows Defendant and his staff to

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remove comments that do not violate the express terms of the social media policy at their

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discretion.

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Congressman Gosar and his staff “reserve the right to ban anyone who repeatedly

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‘spams’ this page with off-topic links, videos or comments unrelated to the topic under which

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they are posting” and “block any user who violates this or any other policies governing

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Facebook.” Id. Congressman Gosar claims that users who are blocked “do not promote

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healthy, civil dialogue.” Id.
29.

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The purported criteria for deleting comments and banning constituents are so

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vague and indeterminate that they do not provide any meaningful limitation on the ability of

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Defendant or his staff to censor comments or block constituents who hold opposing

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See Congressmen Paul Gosar D.D.S Facebook page, About section, available at
https://www.facebook.com/pg/repgosar/about/?ref=page_internal.
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viewpoints. The policy allows Defendant to create an echo chamber; comments and users who

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do not consistently agree with Defendant’s political views are censored.

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Users who have their comments deleted are not given notice of the decision to

delete the comment nor any opportunity to contest the decision.
31.

Under Congressman Gosar’s social media policy, blocked users are not notified

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of the decision to block them from participating in the public forums hosted on Congressman

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Gosar’s official Facebook page nor the conduct that led them to being blocked. Blocked users

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are given no opportunity to contest or appeal the decision. There is no avenue for users to be

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unbanned from Gosar’s official Facebook page. Blocked users may be permanently restricted

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from participating in public forums hosted on Congressman Gosar’s social media platform

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without recourse.

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32.

Defendant’s social media policy relies on broad, vague and undefined terms, and

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permits the arbitrary censorship of views Defendant disfavors. The policy does not give

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Plaintiffs and similarly-situated constituents sufficient notice of which comments may violate

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the social media policy. Furthermore, the policy does not give Plaintiffs and other similarly-

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situated constituents sufficient notice of what conduct may lead to indefinite suspension from a

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government-created public forum.

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33.

In effect, Congressman Gosar’s policies and practices rewards Facebook users

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who agree with Gosar’s political views greater access to his public forums, to his staff, and

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ultimately to Gosar himself.

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The social media policy, as well as Defendants’ practice of deleting comments

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and blocking constituents, creates a hostile atmosphere for free expression on the public

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forums hosted on Defendant’s social media platform, chilling and deterring the protected

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expressive activities of Plaintiffs.

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C.

Congressman Gosar Uses His Official Facebook Page To Conduct the
Functions of Government.

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Congressman Gosar uses his official Facebook page “Congressmen Paul Gosar

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D.D.S.” to perform government business, to engage with constituents, to make information
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from the government generally available, to offer responsive services and to dialogue with

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constituents. Exhibit B.
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Congressman Gosar regularly hosts “town hall” events on “Congressmen Paul

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Gosar D.D.S.” using the Facebook Live feature. Congressman Gosar invites the public to

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participate in town halls and Facebook live events on his official social media pages. Exhibit

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G, screenshots of town hall invitations on social media.
37.

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During online Facebook live events, Congressman Gosar solicits and answers

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questions from the public about issues before Congress and matters of public concern, relays

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government information to the public, informs the public about responsive services his office

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offers, and dialogues with other members of congress and constituents.
38.

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Congressman Gosar states “I've always encouraged Arizonans through the 4th

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Congressional District to join the conversation and be part of building a positive solution . . . .

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Town hall meetings and other public events hosted by my office are the best way to do that.

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Engagement with constituents in a civil manner helps me better represent Arizona in Congress

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and ensures that local priorities are given a voice in our nation's capital.”7
39.

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Facebook users who have not been blocked from Congressman Gosar’s page

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may submit questions to Gosar, request constituent services, participate in discussions

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concerning the town hall, and leave comments or reactions after the town hall is completed.
40.

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Congressman Gosar held Facebook Live events or town halls on April 11, 2016,

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March 6, 2017, April 26, 2017, May 4, 2017, June 28, 2017, July 12, 2017, July 19, 2017, July

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25, 2017, August 17, 2017, September 6, 2017, September 12, 2017, September 27, 2017,

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October 11, 2017, October 25, 2017, November 8, 2017, and November 14, 2017. On at least

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four occasions, Gosar was joined by other members of Congress, including Congressman Jim

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Jordan on July 25, 2017, Congresswomen Jody Hice on September 6, 2017, Congressman Ken

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Buck on October 11, 2017, and Congressman Ron Estes on November 14, 2017.

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Arizona Rep. Paul Gosar cancels in-person town hall, sparks outrage among constituents,
Morgan Tanabe, ABC 15 (February 23, 2017), available at
https://www.abc15.com/news/region-southeast-valley/apache-junction/arizona-rep-paulgosar-cancels-in-person-town-hall-meeting-sparks-outrage-among-constituents.
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41.

Over that same time span, Congressman Gosar held zero in-person town halls.

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One of the few ways for constituents to engage meaningfully with Congressman Gosar is via

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his online Facebook Live events.

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Congressman Gosar utilizes his congressional staff to assist in moderating the

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Facebook live forums. Exhibit H. For example, during a 30-minute Facebook town hall with

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Congressman Ron Estes on November 14, 2017, Gosar’s press secretary, Faith C. Vander

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Voort, solicited questions from Facebook users, writing beneath Gosar’s Facebook live post

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“Tonight’s primary topic is tax reform! Ask us your tax q’s!”

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Ms. Vander Voort and other members of Gosar’s congressional staff routinely

sit-in during town halls, screening questions for Gosar to answer.
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Congressman Gosar’s staff also routinely posts on Gosar’s Facebook page. For

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example, on September 12, September 26, and November 1, 2017, Gosar’s staff read offensive

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“tweets” directed at Gosar via social media.

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Upon information and belief, Congressman Gosar uses public money to maintain

the public forums hosted on his social media accounts.
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In addition to hosting regular town halls on his Facebook page, Congressman

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Gosar regularly posts about current and proposed legislation and other government business

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directly related to his work as a congressman. Facebook users who are not blocked from

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Gosar’s official Facebook page may post comments and reactions in response to his post, or

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share Gosar’s posts with other Facebook users.

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Congressman Gosar also uses his Facebook page to inform constituents about his

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work in Congress. On November 30, 2017, Gosar posted his support for a house bill that would

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allow persons to carry concealed weapons across state lines. Exhibit I. As of December 22, the

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post had received 423 reactions, 71 shares, and dozens of comments. On December 1, 2017,

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Congressman Gosar posted to his Facebook page “[t]he House sent appropriations bills to the

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Senate 78 days ago…and we’re still waiting for action. Senate, time to #DoYourJob.” Exhibit

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J. As of December 22, the post had received 70 reactions, 27 shares, and over 15 comments.

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48.

Congressman Gosar uses his Facebook page to offer responsive services to

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constituents. For example, on November 17, 2017, Congressman Gosar posted an invitation to

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meet with his staff to raise concerns about federal and state issues and to request assistance

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with federal agencies such as the Department of Veteran Affairs and Social Security

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Administration. Exhibit K.

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Congressman Gosar uses his Facebook page to inform constituents as to what

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issues or concerns he’s is focusing. Congressman Gosar regularly posts his “first read of the

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day” highlighting a news story he considers important to read.

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50.

Constituents who have been blocked from participating on Congressman Gosar’s

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Facebook page are prevented from receiving the same access to public forums hosted by

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Congressman Gosar as those supportive of his views. Blocked users are prevented from

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participating in online town halls, reacting directly to Gosar’s posts, dialoguing with fellow

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constituents, sharing Gosar’s posts, or following Gosar’s page. Blocked users are also

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prohibited from requesting constituent services directly from Gosar’s official Facebook page.

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51.

Constituents who have their comments deleted are prevented from engaging in

informative dialogue with persons who visit Congressman Gosar’s online public forums.
52.

Congressman Gosar’s Facebook page is a government created public forum from

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which he may not exclude constituents, or delete comments, on the basis of viewpoint.

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Congressman Gosar’s policies and practices chill dissent, censor criticism and ultimately

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violate Plaintiffs’ First Amendment rights.

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Defendant’s Improper Censorship of Plaintiffs’ First Amendment Protected
Speech.

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a. Plaintiff J’aime Morgaine

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D.

53.

Plaintiff Morgaine is a veteran of the United States Army and a founder of

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Indivisible Kingman. Ms. Morgaine resides within Arizona’s Fourth Congressional District.

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Congressman Gosar is her elected representative.

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54.

Ms. Morgaine communicates with elected officials, including Congressman

Gosar, primarily through the use of Facebook. After the 2016 election, Ms. Morgaine became a
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frequent commenter on Gosar’s official Facebook page, often critical of his positions on

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various issues.

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55.

All of Ms. Morgaine comments on Congressman Gosar’s Facebook page were

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made in reference to Gosar’s performance as a congressional representative, issues before

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Congress, or matters of public concern.

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56.

On February 9, 2017, Ms. Morgaine attempted to post a comment on

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Congressman Gosar’s Facebook page, but discovered she could no longer do so. Ms. Morgaine

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soon realized she could also no longer like or post reactions to Gosar’s posts or follow his

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official Facebook feed in her own timeline.

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57.

In addition, Ms. Morgaine discovered that every comment she had posted on

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Congressman Gosar’s page in the past had been deleted. Ms. Morgaine’s exercise of her First

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Amendment rights had been censored with no notice or explanation.

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58.

Ms. Morgaine soon realized that Congressman Gosar had blocked her from his

Facebook page and permanently deleted her comments.
59.

Ms. Morgaine was given no notice of the decision to block her from participating

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in the online public forum hosted on Congressman Gosar’s Facebook page, no notice that her

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comments were being deleted, and no opportunity to contest either decision.

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60.

After learning she was blocked, Ms. Morgaine sent an email to Congressman

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Gosar requesting to know why she had been blocked from commenting on his official

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Facebook page. Neither Gosar nor anyone from his office responded.

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61.

On May 12, 2017, confused and frustrated with Congressman Gosar’s censorship

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and refusal to explain why she had been blocked from the public forums hosted on his

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Facebook page, Ms. Morgaine began to protest Gosar’s social media policy and practices by

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delivering a single concrete block to Gosar’s Prescott, Arizona office with the message “Please

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Stop Blocking Your Constituents.” Ms. Morgaine wanted to symbolize the oppressive nature

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of Gosar’s actions, force him to explain why she been blocked, and draw attention to his

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violation of her First Amendment rights.

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62.

On May 17, Ms. Morgaine repeated her May 12 protest, this time delivering the

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block to Congressman Gosar’s Assistant Office Manager, Jeremiah Cota. Ms. Morgaine

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requested Congressman Gosar’s social media policy and an opportunity to meet with him to

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discuss why she was blocked from a government-created online public forum. Mr. Cota

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informed Ms. Morgaine that Congressman Gosar does not meet directly with constituents.

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63.

On May 22, Ms. Morgaine again repeated her block protest, delivering a block to

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Congressman Gosar’s Prescott office. In response, Mr. Cota provided Ms. Morgaine a

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computer printout of the purported reasons Congressman Gosar blocks constituents. The

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reasons included: (1) engaging in hate speech; (2) using profanity; (3) using racial slurs; (4)

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showing intolerance; (5) expressing anger or rage; (6) homophobic or Islamophobic comments;

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and (7) expressing treasonous or dangerous thoughts.

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64.

After reviewing the list, Ms. Morgaine sent a letter to Congressman Gosar

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requesting more information about his social media policies and practices, and how she and

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other constituents could regain their right to express themselves in the public forum.

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Congressman Gosar’s office did not respond to Ms. Morgaine’s letter.

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65.

Ms. Morgaine repeated her “Gosar block” protest again on May 26, May 31, and

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June 7, 2017. Soon thereafter, Ms. Morgaine learned that Congressman Gosar closed his

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Prescott office to the public and instituted an appointment only policy. Thus beginning in

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August, Ms. Morgaine started to submit symbolic blocks, pieces of paper that fit through the

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mail slot, to Gosar’s Prescott office.

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66.

On June 28, 2017, Congressman Gosar held a Facebook Live town hall.

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Questions for the town hall were solicited from Facebook. A comment section beneath the

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video town hall allowed Facebook users to react to the town hall, leave comments about the

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town hall, and dialogue with interested constituents.

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67.

Due to Congressman Gosar’s block, Ms. Morgaine was unable to submit

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questions to Congressman Gosar, post reactions, post comments, or dialogue with fellow

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constituents.

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68.

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On July 12, July 19, July 25 and September 6, 2017, Congressman Gosar held

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Facebook Live town halls. Ms. Morgaine was unable to submit questions to Congressman

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Gosar or post comments in response to the town halls. On July 26, 2017, Congressman Gosar

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held a telephone town hall. Questions for the town hall were solicited from Facebook. Ms.

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Morgaine was unable to submit questions to Congressman Gosar because Ms. Morgaine was

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blocked from his official Facebook page.
69.

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On May 28, 2017 and June 30, 2017, Kingman, AZ newspaper the Daily Miner

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published letters from J’aime Morgaine concerning Congressman Gosar’s continued blocking

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of her, and other constituents, from his official social media Facebook page. 89
70.

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In the letters, Ms. Morgaine accuses Congressman Gosar of: blocking her and

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others from online public forums hosted on his official, Facebook page for expressing

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opposing viewpoints; enforcing an unconstitutional social media policy; refusing to offer an

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explanation for why persons were blocked; and, refusing to inform constituents how they may

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regain their right to post in online public forums in the future. Id.
71.

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Congressman Gosar responded to Ms. Morgaine’s public letters in a July 7

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Facebook post (“So you’re upset I blocked you on Facebook. Here’s why I don’t care, a three-

17

part series”),10 and a July 9 article (“Gosar: I don’t care if you’re upset if I blocked you on

18

Facebook”).11 In the post and article, Gosar claims that the First Amendment rights of the

19

constituents he blocks are still “fully intact.”

20
21
22
8

23
24
25
26
27
28

Letter, Representative Gosar is Betraying Our Constitution, J’aime Morgaine, The Daily
Miner (May 28 2017), available at https://kdminer.com/news/2017/may/28/letterrepresentative-gosar-betraying-our-constitu/.
9
Letter, Gosar owes Constituents, J’aime Morgaine, The Daily Miner (June 30, 2017),
available at https://kdminer.com/news/2017/jun/30/letter-gosar-owes-constituents/.
10
So you’re upset I blocked you on Facebook. Here’s why I don’t care, a three-part series,
Paul Gosar, Congressman Paul Gosar D.D.S. (July 7, 2017) available at
https://www.facebook.com/repgosar/posts/1576492332425679.
11
Gosar: I don’t care if you’re upset if I blocked you on Facebook, The Daily Miner (July 9,
2017) available at https://kdminer.com/news/2017/jul/09/letter-i-dont-care-if-youre-upset-if-iblocked-you/.
14

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 15 of 28

72.

1

Congressman Gosar states that his social media policies are “clear and lack any

2

gray area whatsoever.”12 Gosar argues that constituents “that [are] disrespectful to me or my

3

staff with crude language or distasteful discourse” lose the privilege of participating in public

4

forums hosted on his Facebook page. Id.
73.

5

In the article and Facebook post, Congressman Gosar claims that persons may

6

still “petition the government” by contacting his office or writing a letter. Id. Gosar next claims

7

that his Facebook page is his personal property, and thus not subject to First Amendment

8

restrictions. Id. Finally, Gosar invokes the shooting of U.S. Congressmen Steve Scalise and

9

unnamed threats on his social media page as justification to block hundreds of his own

10

constituents. Id.

11

74.

On July 25 and August 2, 2017, Ms. Morgaine wrote letters to Congressman

12

Gosar informing him about the decision in Davidson v. Loudon County.13 Exhibit L; Exhibit

13

M. The court in Davidson held that a government official’s ban of a constituent from their

14

official social media accounts violated the First Amendment. The Defendant did not respond to

15

Ms. Morgaine’s letters.
75.

16

On September 8, 2017 Ms. Morgaine filed suit against Congressman Gosar for

17

blocking her from his Facebook page, and deleting her comments, in violation of the First

18

Amendment.
76.

19

The same day, Congressman Gosar was interviewed by Vice News for a segment

20

to air on HBO concerning his decision to block Ms. Morgaine and other constituents from

21

participating on his Facebook page.
77.

22
23

During the interview, Congressman Gosar states he blocked Ms. Morgaine

because “[w]e wanted to make sure you’re not intimidating people, not using foul language,

24
25
26
27
28

12

Gosar: I don’t care if you’re upset if I blocked you on Facebook, The Daily Miner (July 9,
2017) available at https://kdminer.com/news/2017/jul/09/letter-i-dont-care-if-youre-upset-if-iblocked-you/.
13
Davison v. Loudoun Cty. Bd. of Supervisors, 227 F. Supp. 3d 605, 607 (E.D. Va. 2017).
15

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 16 of 28

1

and that you’re not threatening people.” Id. Gosar states he has the right to block people from

2

his official social media account because “it is my Facebook.” Id.
78.

3

Congressman Gosar claims implies Ms. Morgaine and other persons he blocked

4

from Facebook were violent. Id. When asked whether it was fair to equate a rude comment on

5

Facebook with an attempted murder of a congressman, Gosar states “[i]ntimidation by any

6

shape or form from what I’ve seen and the definition of bullying, I think, words seem to hurt

7

people these days. Violence cannot be tolerated.” Id.
79.

8
9

During the interview, Congressman Gosar also suggests that the white

supremacist rally held in Charlottesville, VA may have been secretly organized by left-wing

10

political forces, including George Soros, who he claims “turned in his own people to the

11

Nazis.” Id. Congressman Gosar’s claims regarding George Soros have been proven to be

12

false.14
80.

13

After Congressman Gosar again made comments to the media suggesting that

14

Ms. Morgaine was blocked because she had threatened his physical safety, Ms. Morgaine

15

wrote Congressman Gosar a letter to object to the characterization. Exhibit N. In the letter, Ms.

16

Morgaine states unequivocally, “I have never made any threats against you personally, or

17

against anyone associated with you. Every single action that I have taken since the moment I

18

found myself blocked has been, and will continue to be, focused in the ISSUE of you

19

BLOCKING me and denying my constitution guaranteed CIVIL LIBERTIES . . . And for you

20

to imply otherwise is not just inappropriate, it is an unconscionable abuse of your power.” Id.

21

(emphasis in original).
81.

22
23
24
25
26
27
28

On October 5, and 6, 2017, two Arizona newspapers published stories about Ms.

Morgaine’s lawsuit against Congressman Gosar.15
14

See Arizona's Paul Gosar Blames George Soros for Charlottesville Violence, Antonia Noori
Farzan, Phoenix New Times (October 9, 2017), available at
http://www.phoenixnewtimes.com/news/arizona-congressman-paul-gosar-blames-georgesoros-charlottesville-9764942.
15
See J’aime Morgaine sues Rep. Paul Gosar; claims First Amendment rights Infringed,
Hubble Ray Smith, The Daily Miner (October 5, 2016) available at
https://kdminer.com/news/2017/oct/05/first-amendment-infringed/; Rep. Gosar blocking
16

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 17 of 28

1

82.

In addition, on October 6, 2017, HBO aired Vice News’ September 8 interview

2

with Congressman Gosar in a story entitled “Meet the congressman who’s blocking his

3

constituents online.”16

4

83.

Congressman Gosar’s comments to Vice News about his Facebook page, the

5

riots in Charlottesville, Virginia, George Soros and the protestors received widespread

6

condemnation.

7
8
9

84.

On October 11, after the negative press coverage, Congressman Gosar

announced he was unblocking Ms. Morgaine and all other previously blocked constituents.17
85.

Congressman Gosar claimed he unblocked Ms. Morgaine and other constituents

10

because “everyone deserves a second chance.” Id. However, he emphasized that the social

11

media policy was still in effect and called on constituents to “honor our rules of conduct by

12

abstaining from the use of profanity, ad hominem attacks, hate speech and spamming.” Id.

13
14
15

86.

From February 9 to October 11, 2017 an eight month period, Ms. Morgaine was

blocked from participating in public forums hosted on Congressman Gosar’s Facebook page.
87.

Because Congressman Gosar’s social media policy remains unchanged and he

16

has publicly stated he has no intention of amending his current practices, Ms. Morgaine fears

17

that Congressman Gosar will prevent her and other constituents from participating in public

18

forums hosted on his Facebook page in the future.

19

88.

Congressman Gosar’s current policies and practices for public forums hosted on

20

his official social media accounts chill Ms. Morgaine’s and other constituents’ rights to express

21

opposing viewpoints, in violation of the First Amendment.

22
23
24
25
26
27
28

former Prescott woman from Facebook page leads to lawsuit, Hubble Ray Smith, The Daily
Courier (October 6, 2016) available at https://www.dcourier.com/news/2017/oct/06/rep-gosarblocking-former-prescott-woman-facebook-/
16
Article and television segment: This Congressman avoids criticism by blocking voters on
Facebook, Valerie Kipnis, Vice News (October 6, 2017) available at
https://news.vice.com/en_us/article/kzgpaz/this-congressman-avoids-criticism-by-blockingvoters-on-facebook.
17
Arizona congressman unblocks woman on social media after lawsuit, KTAR News (October
11, 2017) available at http://ktar.com/story/1782071/arizona-congressman-unblocks-womansocial-media-lawsuti/?.
17

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 18 of 28

1
2

b. Plaintiff Paul Hamilton

89.

Plaintiff Paul Hamilton is a Shakespeare Fellow at Kingston University. Mr.

3

Hamilton resides within Arizona’s Fourth Congressional District and is a founder of the

4

political group Indivisible Prescott. Congressman Gosar is Mr. Hamilton’s elected

5

representative.

6

90.

Mr. Hamilton began posting on Gosar’s Facebook page some time in 2013. Mr.

7

Hamilton was concerned that visitors to Gosar’s Facebook page were receiving misleading

8

information.

9

91.

Mr. Hamilton’s decision to participate in Gosar’s online public forums was

10

motivated by a desire to enter into conversations with his neighbors and fellow constituents, to

11

correct misleading or incorrect information provided to the public by Congressman Gosar, and

12

to establish a dialogue within his community about issues of public concern.

13

92.

Mr. Hamilton believes it is important that opposing viewpoints are presented in

14

public forums so that the public observes rational persons expressing differing opinion without

15

hostility.

16

93.

Mr. Hamilton’s comments on Congressman Gosar’s Facebook page were made

17

in reference to Gosar’s performance as a congressional representative, issues before Congress,

18

or matters of public concern.

19

94.

Mr. Hamilton found that Congressman Gosar’s posts often were filled with

20

extreme or charged rhetoric. For example, Congressman Gosar posted a doctored photo of

21

former President Barack Obama kissing former Secretary of Health and Human Services

22

Kathleen Sebelius. Mr. Hamilton believed such posts attracted racially-divisive comments and

23

expressed his objection on the Defendant’s Facebook page. Exhibit O.

24

95.

Mr. Hamilton made a point to respond specifically to Congressman Gosar’s

25

posts, expressing his opinion and often citing evidence from credible media sources to support

26

his view. Though often in disagreement with Congressman Gosar and those who posted to his

27

Facebook page, Mr. Hamilton always maintained a respectful tone. Exhibit P.

28

18

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 19 of 28

1

96.

Mr. Hamilton regards the use of profanity, threats, or speaking off-topic as

2

counter-productive to his goal of educating, informing and persuading. As such, he made a

3

point not to engage in such behaviors on Congressman Gosar’s official Facebook page, even

4

when such language was directed at him.

5
6
7
8
9

97.

Mr. Hamilton comments were usually adversarial, but he made a point to express

agreement or approval when Congressman Gosar held a position he supports. Exhibit Q.
98.

Mr. Hamilton’s direct interactions with Congressman Gosar on Gosar’s official

Facebook page were often cordial. Exhibit R.
99.

In May 2014, after participating in Congressman Gosar’s online forums for

10

several months, Mr. Hamilton was accused by another poster of being a “plant” who was there

11

to steer the conversation against Rep. Gosar and disrupt dialogue.

12

100.

After another poster accused Mr. Hamilton of being a plant, Mr. Hamilton

13

discovered he had been blocked from participating in public forums hosted on Congressman

14

Gosar’s Facebook page.

15

101.

Due to Congressman Gosar’s block, Mr. Hamilton could not comment on

16

Congressman Gosar’s post, follow Gosar’s page, dialogue with other constituents in the public

17

forums hosted on Gosar’s official Facebook page, participate in public town halls hosted on

18

Gosar’s page, or share Gosar’s post with his followers.

19
20
21

102.

In addition, when Mr. Hamilton was blocked, his previous comments and posts

were hidden so other Facebook users could not read or comment upon them.
103.

Over the next three years, Mr. Hamilton made several attempts to discover why

22

he had been blocked from the public forums hosted on Congressman Gosar’s social media

23

platform, and sought to be reinstated.

24

104.

On February 15, 2016, Mr. Hamilton visited Congressman Gosar’s Prescott

25

office to request a meeting to discuss issues of concern to Indivisible Prescott, as well as why

26

he had been blocked from Congressman Gosar’s Facebook page and how he could be

27

reinstated. Congressman Gosar never responded to Mr. Hamilton’s request for a meeting.

28

19

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 20 of 28

105.

1

On February 27, 2016, August 7, 2016, June 17, 2017, and July 31, 2017 Mr.

2

Hamilton used the online form on Congressman Paul Gosar’s official congressional website to

3

request that he be allowed to participate in online public forums hosted on Gosar’s social

4

media platforms. Exhibit D. Gosar did not respond to any of Mr. Hamilton’s online requests.
106.

5

On July 30, 2017, The Daily Courier published a letter from Mr. Hamilton

6

responding to Congressman Gosar’s statements in support of his decision to maintain his

7

current social media policy and continue blocking hundreds of constituents from commenting

8

on his official Facebook page.18
107.

9

Mr. Hamilton argued that he and others had not been blocked because they

10

“spew hateful comments” as Gosar had claimed, but because they “simply disagree with him

11

on some issues.” Id. Mr. Hamilton noted that “Rep. Gosar has created a social media echo-

12

chamber which deprives community members of the opportunity to engage in constructive

13

disagreement.” Id. Congressman Gosar never responded to Mr. Hamilton’s public statements.
108.

14

In addition to the above efforts, Mr. Hamilton made phone calls and sent letters

15

to Congressman Gosar’s office seeking an explanation for why he was blocked, and seeking to

16

be reinstated so he could participate in the public forums hosted on Gosar’s Facebook page.

17

Congressman Gosar never responded to Mr. Hamilton’s inquiries.
109.

18

On February 23, 2017, Mr. Hamilton and 45 other constituents chartered a bus

19

from Prescott, AZ to Gold Canyon, AZ to attend a public in-person town hall being held by

20

Congressman Gosar. However, Gosar abruptly cancelled the town hall when he learned the

21

group was going to attend.19
110.

22
23

Instead, Congressman Gosar had a telephone town hall with questions submitted

via Facebook. Id. Mr. Hamilton was excluded from participating in the teleconference town

24
25
26
27
28

18

Letter, Unblock People, Paul Hamilton, The Daily Courier (July 30, 2017), available at
https://www.dcourier.com/news/2017/jul/30/letter-unblock-people/.
19
Arizona Rep. Paul Gosar cancels in-person town hall, sparks outrage among constituents,
Morgan Tanabe, ABC 15 (February 23, 2017), available at
https://www.abc15.com/news/region-southeast-valley/apache-junction/arizona-rep-paul-gosarcancels-in-person-town-hall-meeting-sparks-outrage-among-constituents.
20

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 21 of 28

1

hall because he was blocked from communicating with Congressman Gosar on Facebook.

2

During the call, several members of Indivisible Prescott attempted to ask questions. However,

3

Congressman Gosar took no questions from opponents of his policies or positions.

4

111.

After cancelling the February 23 in-person town hall, Congressman Gosar held

5

no more in-person town halls in 2017. However, as previously detailed, Congressman Gosar

6

held several town hall sessions on Facebook Live, advertised as being open to the public.

7

112.

As a blocked constituent, Mr. Hamilton could not participate in the online town

8

halls on Congressman Gosar’s official Facebook page despite the fact that they were advertised

9

as being open to the public. Mr. Hamilton could not submit questions to Gosar, leave

10

comments under Gosar’s Facebook video, dialogue with fellow constituents, or express his

11

opposition or support for any of the opinions expressed by Gosar or other Facebook users.

12
13
14

113.

On October 11, after Ms. Morgaine filed suit, Mr. Hamilton and other

previously blocked constituents were unblocked from Congressman Gosar’s Facebook page.
114.

From May 2014 to October 2017, a thirty-eight month period, Mr. Hamilton was

15

blocked from participating in public forums hosted on Congressman Gosar’s Facebook page.

16

The block prevented Mr. Hamilton from engaging in expressive activity in the public online

17

forums hosted on Congressman Gosar’s Facebook page, in violation of Mr. Hamilton’s First

18

Amendment rights.

19

115.

Congressman Gosar’s social media policy remains unchanged. Mr. Hamilton

20

fears that Congressman Gosar will block him and other constituents who express opposing or

21

critical viewpoints unless the court intervenes.

22

116.

Congressman Gosar’s current policies and practices for public forums hosted on

23

his official social media accounts, chill Mr. Hamilton’s and other constituents’ rights to

24

express opposing viewpoints, in violation of the First Amendment.

25
26
27
28

21

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 22 of 28

1
2

E.

Congressman Gosar Social Medial Policy and Practices Continue to Violate
Plaintiffs’ First and Fifth Amendment Rights.

117.

Congressman Gosar remains unapologetic about his decision to block Plaintiffs,

3

has not repealed or amended his social media policy, reserves the right to block constituents in

4

the future, and still deletes comments that are critical of his political views.

5
6

118.

Congressman Gosar’s press secretary states that Gosar and his office have “no

problem blocking people who don’t adhere to our policies.” 20

7

119.

In the past, Congressman Gosar has blocked “several hundred” Facebook users

8

from participating on his page, and still maintains that he has the right to block users and

9

censor comments in the future. Id.

10

120.

The broad and vague language of Congressman Gosar’s social media policy

11

coupled with his history of blocking constituents critical of his political views chills, deters,

12

and infringes upon Plaintiffs’ right to engage in protected speech, resulting in harm to

13

Plaintiffs.

14

121.

Unless the court protects Plaintiffs’ First Amendment rights, Congressman Gosar

15

will continue to delete critical or dissenting comments and block constituents who express

16

viewpoints of which he does not agree. Allowing Congressman Gosar to continue to have

17

unbridled discretion to remove critical or dissenting voices from public forums hosted on his

18

social media accounts, chills and deters Plaintiffs’ exercise of their First Amendment rights.

19

122.

By blocking Plaintiffs and censoring their comments, Congressman Gosar has

20

infringed on Plaintiffs’ First Amendment right to engage in political speech in a public forum,

21

to petition the government for redress and services, to receive information that is generally

22

available to the public, and to dialogue in a public forum with other constituents interested in

23

Gosar’s political views.

24
25

123.

When government officials ban critics from speaking in online public forums, or

deletes comments of which they don’t agree, they silence dissent, warp the public

26
27
28

20

Rep. Gosar tells blocked Facebook followers ‘I don’t care’ Bob Christie, Associated Press
News(July 10, 2017) available at
https://www.apnews.com/7806141af7754e0ea2e6cb9ee621b9e9.
22

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 23 of 28

1

conversation, and skew public perception. When only critics are blocked from viewing

2

information, participating in public forums, or petitioning the government for redress or

3

services, the restrictions operate as a punishment for holding political viewpoints that the

4

government official disfavors.

5

124.

Congressman Gosar’s continuing policies and practices chill Plaintiffs’ present

6

and future exercise of their First Amendment rights. Judicial intervention is required to end the

7

Defendant’s ongoing interference with Plaintiffs’ freedom of speech, to prevent further

8

retaliation against Plaintiffs for exercising their First Amendment rights, and to stop ongoing

9

irreparable harms to Plaintiffs resulting from Defendant’s First and Fifth Amendment

10

violations. Plaintiffs are entitled to a declaration of rights with respect to this controversy and

11

an injunction preventing Congressman Gosar from continuing his unconstitutional policies and

12

practices.
VI.

13
14
15
16
17

CAUSES OF ACTION

Count I: Unlawful Infringement on Plaintiffs Right to Free Speech in a Public Forum
125.

Plaintiffs re-allege and incorporate by reference the allegations in all preceding

paragraphs of the Complaint.
126.

Congressman Gosar blocked Plaintiffs and censored their comments for

18

persistently expressing views critical of his politics or actions as an elected official.

19

Congressman Gosar’s policies and practices afford him and his staff an impermissible degree

20

of discretion to censor comments and block constituents who express critical or dissenting

21

viewpoints in online public forums.

22

127.

The First Amendment to the United States Constitution prohibits infringement

23

on, and chilling of, protected First Amendment activity. Speech utilizing Facebook and other

24

social media is subject to the same First Amendment protections as any other speech.

25

Packingham v. North Carolina, 137 S. Ct. 1730 (2017).

26
27
28

23

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 24 of 28

1

128.

By blocking Plaintiffs and by deleting or censoring their comments,

2

Congressman Gosar has both directly and implicitly chilled Plaintiffs’ free expression, as well

3

as that of all residents of Arizona’s Fourth Congressional district.

4

129.

Congressman Gosar continues to infringe upon, restrict, and violate Plaintiffs’

5

First Amendment rights because Plaintiffs’ speech remains chilled by Congressman Gosar’s

6

continuing policies and practices.
Count II: Facial Challenge to Congressman Gosar’s Social Media Policy.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

130.

Plaintiffs re-allege and incorporate by reference the allegations in all preceding

paragraphs of the Complaint.
131.

Congressman Gosar’s social media policy is overly broad and vague. The policy

prohibits speech that contains “factual inaccuracies” or “inappropriate comments” without
providing any standard for assessing what constitutes a factual inaccuracy or inappropriate
comment. The policy prohibits speech that demonstrates “intolerance” or “expresses
treasonous or dangerous thoughts” as defined solely by Defendant and his staff. The policy
seeks to regulate comments it views as “off-topic” or too repetitive (“spam”) without
specifying how the purported standard will be applied. Finally, the policy grants Congressman
Gosar and his staff unbridled discretion to remove comments for any reason Congressman
Gosar deems fit.
132.

The criteria for deleting comments and blocking constituents are so vague and

indeterminate that they do not provide any meaningful limitation on Congressman Gosar’s
ability to censor comments or constituents with whom he disagrees.
133.

The First Amendment does not permit the government to subject speech to

overly broad regulation. Broadrick v. Oklahoma, 413 U.S. 601, 615 (1973). By subjecting
speech to review and censorship based on such expansive terms, Congressman Gosar’s social
media policy stifles expression and disregards the “profound national commitment to the
principle that debate on public issues should be uninhibited, robust, and wide open.” New York
Times Co. v. Sullivan, 376 U.S. 254, 270, 84 S. Ct. 710, 721, 11 L. Ed. 2d 686 (1964).
24

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 25 of 28

1

134.

Congressman Gosar’s social media policy is overbroad, does not serve a

2

compelling government interest, is not narrowly drawn, and impermissibly restricts expression.

3

The social media policy burdens far more speech than is necessary to serve the asserted interest

4

of minimizing vulgarity, threats, and off-topic or distracting comments on Congressman

5

Gosar’s official Facebook Page.

6

135.

As a direct result of the Congressman Gosar’s social media policy, Plaintiffs’

7

speech is chilled and infringed upon in public forums hosted on Congressman Gosar’s official

8

social media websites in violation of the First Amendment to the United States Constitution.

9

Count III: Unlawful Prior Restraint of Plaintiffs’ Speech in
Violation of First Amendment

10
11
12
13

136.

Plaintiffs re-allege and incorporate by reference the allegations in all preceding

paragraphs of the Complaint.
137.

The First Amendment prohibits government officials from censoring speech

14

before it can be undertaken on the basis of viewpoint. A prior restraint is government action

15

that restricts a speaker from making certain communications before those communications can

16

occur. Alexander v. United States, 509 U.S. 544, 549-50 (1993). Regulations invalidated as

17

prior restraints are those that give “public officials the power to deny use of a forum in advance

18

of actual expression.” Long Beach Area Peace Network v. City of Long Beach, 574 F.3d 1011,

19

1023 (9th Cir. 2009). Prior restraints on the exercise of First Amendment rights bear a heavy

20

presumption against their constitutional validity. Grossman v. City of Portland, 33 F.3d 1200,

21

1204 (9th Cir. 1994).

22
23
24

138.

Congressman Gosar’s blocking of constituents is a prior restraint on speech

because it prevents participation in a public forum by a speaker before the speech has occurred.
139.

Congressman Gosar’s policy and practices continues to infringe upon, restrict

25

and violate Plaintiffs’ First Amendment rights because Gosar retains the right to arbitrarily and

26

indefinitely prevent Plaintiffs from accessing public forums based on past expressive activities.

27

Congressman Gosar’s policies and practices impermissibly chill Plaintiffs’ right to expression

28

and acts as a prior restraint on speech.
25

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 26 of 28

1
2
3
4

Count IV: Violation of Plaintiffs’ Due Process Rights Under the Fifth Amendment
140.

Plaintiffs re-allege and incorporate by reference the allegations in all preceding

paragraphs of the Complaint.
141.

Congressman Gosar blocked Plaintiffs from commenting on his Facebook page,

5

participating in online town halls, and being part of an expressive community forum without

6

notice of what conduct was offensive, based upon an arbitrary and vague standard. Plaintiffs

7

were not provided any avenue to contest or appeal the decision. Congressman Gosar repeatedly

8

failed to respond to Plaintiffs’ inquiries concerning how they may regain their right to

9

participate in public forums hosted on his official Facebook page.

10
11
12

142.

Congressman Gosar provided Plaintiffs with no process at all before denying

them the opportunity to exercise their First Amendment rights in online public forums.
143.

Congressman Gosar’s decisions to block Plaintiffs come with no prior notice,

13

warning, or opportunity to be heard, and no avenue for appeal, in violation of the Due Process

14

Clause of the Fifth Amendment.

15

144.

The social media policy is also unconstitutionally vague in violation of the due

16

process guarantee of the Fifth Amendment, because the prohibitive terms are not clearly

17

defined such that a person of ordinary intelligence can readily identify the applicable standard

18

for inclusion and exclusion. United States v. Wunsch, 84 F.3d 1110, 1119 (9th Cir. 1996). The

19

social media policy does not define the nebulous terms that it contains, encouraging subjective

20

enforcement and chilling First Amendment freedoms. Id. The terms of the social media policy

21

are generalized, subjective, and incapable of precise definition or application.
REQUEST FOR RELIEF

22
23
24
25
26

WHEREFORE, Plaintiffs respectfully request that the Court enter judgment in their
favor and against Defendant, and award the following relief:
A.

Permanently enjoin Defendant, his officers, agents, servants, and employees

from preventing, restricting, impeding, or otherwise interfering with Plaintiffs’ First

27
28

26

 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 27 of 28

1

Amendment rights to participate in public forums hosted on Congressman Gosar’s official

2

Facebook page “Congressmen Paul Gosar, D.D.S.”;

3

B.

Permanently enjoin Defendant his officers, agents, servants, and employees from

4

deleting, censoring or hiding comments made by Plaintiffs in exercise of their First

5

Amendment rights on Congressman Gosar’s Facebook page “Congressmen Paul Gosar,

6

D.D.S.” under the current social media policy;

7
8
9
10

C.

Declare that Defendant’s social media policy violates the First Amendment of

the United States Constitution on its face;
D.

Declare that Defendant’s social media policy violates the First and Fifth

Amendments of the United States Constitution as applied to Plaintiffs;

11

E.

Award Plaintiffs their costs and reasonable attorneys’ fees in this action;

12

F.

Grant Plaintiffs such other relief as this Court may deem just and proper.

13

Dated this 27th day of December 2017.

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By: /s/ Darrell L. Hill
Kathleen Brody
Darrell L. Hill
ACLU Foundation of Arizona
3707 North 7th Street, Suite 235
Phoenix, AZ 85014

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 Case 3:17-cv-08178-DGC Document 8 Filed 12/27/17 Page 28 of 28

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CERTIFICATE OF SERVICE
I hereby certify that on December 27, 2017, I electronically transmitted the attached
document to the Clerk’s Office using the ECF System for filing and transmittal
I hereby certify that on December 27, 2017, I served the attached document by U.S.mail
on the following, who is not a registered participants of the CM/ECF System:
Paul A. Gosar
United States House of Representatives
122 North Cortez Street, Suite 104
Prescott, AZ 86301
/s/ Darrell L. Hill
Darrell L. Hill

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28

 Case Document 8-1 Filed 12/27/17 Page 1 of 45

Exhibit A

Case Document 8-1 Filed 12/27/17 Page 2 of 45

Screenshot of Congressman Gosar?s Facebook page.

 

     
    

 

Rap. Paul C5053. 
@repgospr 3 -

Home

About -.. .. .. .. . .

Endorsemems -. - 8. 

?hobs. I . . 
wages .I 3 i Government Of?cial

I 27ww?aw

Events .
Comnmn?y SEEM
Posts - JJ. [mite yourfrieuclslolikethis Page
Community I 14,092 peumenxemis

I I I I I 3x 15,832 peoplefoiiowmis

Reviews

- Cody Davis and 2 other friends like {his
'9 6 

 

About See Aer
K, (202) 225-2315

 

   

Case Document 8-1 Filed 12/27/17 Page 3 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 4 of 45

Screenshot of Gosar November 6, 2013 status update.

10:32 PM

 

.3). Rep. Paul Gosar
Ni November 8, 2013 0

REMINDER: This is a reminder about the page rules as noted on the about
section.

This page is meant for the Congressman to share news, photos and
interact with people throughout the district and you to share back what
you think with him and with one another.

Rep. Gosar does his best to keep up with messages and the comments left
on the page and his staff tries to help when needed.

However, the tone of many messages from people who both agree and
disagree with Rep. Gosar's positions have escalated.

Name calling, Spamming, knowingly posting false information, and off topic
comments will be moderated. This is not the venue for LONG letter style
commentary email our office using the webform if you have a long
message for the Congressman.

The Congressman and we his staff try not to ban anyone however in recent
days due to name calling, profanity and spam we've had to block several
individuals. There is no bias towards those who disagree, regardless of
your position on issues if you repeatedly break the rules you lose the right
to participate using this medium.

The point is not to censure anyone but to maintain a pleasant, civil forum
for the exchange of ideas. Banned users can still contact the
Congressman and our office via the webpage, phone calls, emails, regular
mail and local events. Visit gosarhousegov for ways to reach him.

Happy Facebooking! If you have any questions about our simple policy
post them below. Staff

I5 Like {'23 Comment Share

090
1 share

le'l't'; u: .1 coa'usiituol'it 
Write a 

5356?;

Hug-:1; 

 

Case Document 8-1 Filed 12/27/17 Page 5 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 6 of 45

Screenshot of Congressman Gosar?s h0use.gov website linking to his of?cial
Facebook page.

 

 

Case Document 8-1 Filed 12/27/17 Page 7 of 45

Exhibit 

 

Case Document 8?1 Filed 12/27/17 Page 8 of 45

Congressman Gosar?s February 26, 2016 email reply to Paul Hamilton.

 

PAUL A. GOSAR, D.D.S.
FOURTH ARIZONA
504 CANNON HOUSE OFFICE BLDG
WASHINGTON, DC 20515
(202) 2252315
122 N. ST.. STE, 104
PRESCOTT, AZ 86301
(923) 445?1 633
6499 SOUTH KINGS RANCH ROAD. SUITE 4
GOLD CANYON, AZ 85113
(480) 882?2697
220 N. 4TH ST.
KINGMAN, AZ 88401
(928) 445-1683


Dear Friend,

 

(Emma?s of the written Satan?s

30mm of 
Washington, at: 201315

COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM

SUBCOMMITTEES
INTERIOR
INFORMATION TECHNOLOGY

COMMITTEE ON
NATURAL RESOURCES

SUBCOMMITTEES
VICE CHAIRMAN, WATER,
POWER AND OCEANs
ENERGY AND MINERAL RESOURCES
INDIAN, INSULAR AND
ALASKA NATIVE AFFAIRS

Thank you for contacting me. This is an automated response just to let you know that your message has been
received and will be reviewed as soon as possible. I appreciate every Opinion or thought that a constituent
sends to me. Even if a constituent or a particular group and I do not see eye-tD-eye on an issue, I am always
willing to hear the voices and concerns of all parties involved.

I make it a point to read emails like yours, Facebook comments and good old fashioned mail as much as
possible. Your thoughts and concerns help me do a better job of representing YOU in Congress.

Thank you for writing to me and please keep in touch, call or visit me.

I can't encourage you enough to click here to subscribe to my
weekly newsletter for once-a-week messages about what I?m doing in Washington DC. and in Arizona. For
more ?'equent updates "Like" my Facebook page follow me on twitter
and follow me on Instagram at 

Sincerely,

?ring

Paul A. Gosar, D.D.S.

Member of Congress

 

 

 

 

 

Case Document 8-1 Filed 12/27/17 Page 9 of 45

Congressman Gosar?s August 7, 2016 email reply to Paul Hamilton.

 

PAUL A. GOSAR, D.D.S.

FOURTH DISTRICT, ARIZONA COMMITTEE ON OVERSIGHT

504 CANNON HOUSE OFFICE BLDG AND GOVERNMENT REFORM
WASHINGTON. DC 20515 SUBCOMMITTEES
(202) 225-2315 INTERIOR
122 N. CORTEZ ST. STE- 104 INFORMATION TECHNOLOGY

 

PRESCOTT. AZ 86301

(928) 445-1683 COMMITTEE ON

6499 soggfo?'s?igfg 4 . NATURAL RESOURCES
(430) 882-2697 ?50" El 953 at Giulia] gt?tfg suacommrrees
220 N. 4TH ST. . VICE CHAIRMAN. WATER.
KINGMAN. AZ 86401 [If Bttm'c?'tnt?tmt? POWER AND OCEANS
(928) 445-1683 ENERGY AND MINERAL RESOURCES
Washington, 2531; 20515 INSULAR AND

 

ALASKA NATIVE AFFAIRS

Dear Friend,

Thank you for contacting me. This is an automated response just to let you know that your message has been
received and will be reviewed as soon as possible. I appreciate every opinion or thought that a constituent
sends to me. Even if a constituent or a particular group and I do not see eye-to-eye on an issue, I am always
willing to hear the voices and concerns of all parties involved.

I make it a point to read emails like yours, Facebook comments and good old fashioned mail as much as
possible. Your thoughts and concerns help me do a better job of representing YOU in Congress.

Thank you for writing to me and please keep in touch, call or visit me.

I can't encourage you enough to click here to subscribe to my
weekly newsletter for once-a-week messages about what I'm doing in Washington DC. and in Arizona. For
more frequent updates ?Like" my Facebook page follow me on twitter
and follow me on Instagram at 

Sincerely,

?anw

Paul A. Gosar, D.D.S.
Member of Congress

 

 

 

Case Document 8-1 Filed 12/27/17 Page 10 of 45

Congressman Gosar?s June 17, 2017 email reply to Paul Hamilton.

 

PAUL A. GOSAR, D.D.S.
FOURTH DISTRICT, ARIZONA
504 CANNON HOUSE OFFICE BLDG
WASHINGTON. DC 20515
(202) 225-2315
122 N. ST., STE. 104
AZ 86301
{928) 445-1683
6499 SOUTH KINGS RANCH ROAD, SUITE 4
GOLD CANYON. AZ 85118
(480) 882-269?

220 N. 4TH ST.
KINGMAN. AZ 66401
(928) 445?1683


Dear Friend,

 

QJZnIIgrt-ss at the atlm'teh ?vtatcs?

31.101169 of 
Washington,- BC 20515

COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM

SUBCOMMITTEES
INTERIOR
INFORMATION TECHNOLOGY

COMMITTEE ON
NATURAL RESOURCES


VICE CHAIRMAN, WATER,
POWER AND OCEANS
ENERGY AND MINERAL RESOURCES
INDIAN, INSULAR AND
ALASKA NATIVE AFFAIRS

Thank you for contacting me. This is an automated response just to let you know that your message has been
received and will be reviewed as soon as possible. I appreciate every opinion or thought that a constituent
sends to me. Even if a constituent or a particular group and I do not see eye-to-eye on an issue, I am always
willing to hear the voices and concerns of all parties involved.

I make it a point to read emails like yours, Facebook comments and good old fashioned mail as much as
possible. Your thoughts and concerns help me do a better job of representing YOU in Congress.

Thank you for writing to me and please keep in touch, call or visit me.

I can't encourage you enough to click here to subscribe to my weekly
newsletter for once?a?week messages about what I?m doing in Washington DC. and in Arizona. For more
frequent updates "Like" my Facebook page follow me on twitter
and follow me on Instagram at i nstagram.com/repgosar.

Sincerely,

?atness

Paul A. Gosar, D.D.S.

Member of Congress

 

 

 

 

 

Case Document 8-1 Filed 12/27/17 Page 11 of 45

Congressman Gosar?s July 31, 2017 email reply to Paul Hamilton.

 

PAUL A. GOSAR, D.D.S.
FOURTH DISTRICT, ARLZONA
504 CANNON HOUSE OFFICE BLDG
WASHINGTON, DC 20515
(202) 225-2315
122 N. ST.. STE. 104
PRESCOTT, AZ 88301
(928) 445-1683
6499 SOUTH KINGS RANCH ROAD, SUITE 4
GOLD CANYON. AZ 85118
(480) 882-2697
220 N. 4TH ST.
KINGMAN, AZ 88401
(928) 445-1683


Dear Friend,

 

of the ?dniteb Sammy

10mm of 
Washington, IN: 20815

COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM

SUBCOMMITTEES
INTERIOR
INFORMATION TECHNOLOGY

COMMITTEE ON
NATURAL RESOURCES

SUBCOMMITTEES
VICE CHAIRMAN, WATER,
POWER AND OCEANS
ENERGY AND MINERAL RESOURCES
INDIAN, INSULAR AND
ALASKA NATIVE AFFAIRS

Thank you for contacting me. This is an automated response just to let you know that your message has been
received and will be reviewed as soon as possible. I appreciate every opinion or thought that a constituent
sends to me. Even if a constituent 01' a particular group and I do not see eye?to?eye on an issue, I am always
willing to hear the voices and concerns of all parties involved.

I make it a point to read emails like yours, Facebook comments and good old fashioned mail as much as
possible. Your thoughts and concerns help me do a better job of representing YOU in Congress.

Thank you for writing to me and please keep in touch, call or visit me.

I can?t encourage you enough to click here to subscribe to my weekly
newsletter for once-a-week messages about what I'm doing in Washington DC. and in Arizona. For more
frequent updates "Like" my Facebook page follow me on twitter
and follow me on Instagram at 

 

Sincerely,

?ring

Paul A. Gosar, D.D.S.

Member of Congress

 

 

Case Document 8-1 Filed 12/27/17 Page 12 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 13 of 45

Copy of Congressman Gosar?s business card.

 

PAUL. A. GOSAR, D.D.S.
MEMBER 
FOURTH DISTRICT AmzoNA

(EOE-J 

NNQN BUILDING
504 CA (802) 226?9739 FAX

DC EOEIS






  

Mg 

THE OFFICIAL WEBSITE AT
GOSAR.HOUSE.GOV

 

Case Document 8-1 Filed 12/27/17 Page 14 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 15 of 45

Congressman Gosar?s social media policy for his Of?cial Facebook page.

 

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Case Document 8-1 Filed 12/27/17 Page 16 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 17 of 45

Screenshots of Congressman Gosar town hall invitations on social media.

i"

 

Rep. Paul Gosar, DDS 9% 

Foilow 
@Rep?osar ..

  

The Doctor is in. Don?t forget to tune in to my
Facebook Live this evening at 5:30pm AZ
time.

 

 

 

 

 

 

 

 

 

 

12 Jul 2017

 

Case Document 8-1 Filed 12/27/17 Page 18 of 45

 
   

Rep. Paul Gosar, DDS

@RepGoser

 
    
      

This evening, @CongressmanHice will be
joining me for a Facebook Live discussion at
6pm AZ 9pm ET. Tweet us your questions!

 
   
 
   
 
   

1 Reiweet 3 Likes

  

Rep. Paul Gosar, DDS ?fe

@RepGosar

  
   

  

Tomorrow, @Jim?Jordan will make the long,
arduous trek from his office to mine for a
joint Facebook Live! Tune in at 8:30pm ET
(5:30 AZ).

 
     
  

 

12:54 PM 24 mt 2017

 
 

 

Case Document 8-1 Filed 12/27/17 Page 19 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 20 of 45

Screenshot Congressman Gosar Status Update November 30, 2017.

  

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Case Document 8-1 Filed 12/27/17 Page 21 of 45

Exhibit I

Case Document 8-1 Filed 12/27/17 Page 22 of 45

Screenshot Congressman Gosar Status Update November 30, 2017.

 

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Case Document 8-1 Filed 12/27/17 Page 23 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 24 of 45

Screenshot of Congressman Gosar Status Update December 1, 2017.

 

 

  
  

 

  

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Case Document 8-1 Filed 12/27/17 Page 25 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 26 of 45

Screenshot of Congressman Gosar Status Update November 17, 2017.

 

 

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Case Document 8-1 Filed 12/27/17 Page 27 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 28 of 45

J'aime Morgaine
PO Box 8152
Hualapai, AZ 86412
Representative Paul A. Gosar
122 N. Cortez Street. Suite 104

Prescott, AZ 86301

Dear Representative Gosar:

On July 25. 201?. in the United States District Court for the Eastern District of Virginia, with respect to the
caSe of Davison y. Loudoun County Board of Supervisors, regarding "the constitutional limitations applicable
to social media accounts maintained by elected officials," Judge James Cacheris made the following ruling:

"The Defendant?s action (Le, blocking Piaintiff on Facebook) violated Plaintiff's right of free
speech under the First Amendment to the United States Constitution."

As part of the legal reasoning to support his ruling, Judge Cacheris clarified this point: "The First Amendment
applies to speech on social media with no less force than in other forums."

This declaratory judgment by a federaijudge establishes a very important legai precedent that now serves
as an expiicit legal boundary that needs to be applied to the social media policy of any elected official across
ail 50 states.

Please take heed, Congressman. Your current sociai media policy violates this court order. If you continue
to maintain this policy, you open yourself up to lawsuits from the ?hundreds" of constituents who have been
blocked (and remain blocked) by you.

On behalf of ALL constituents in the Fourth Congressional District. this information is provided to you as
notice that grow unconstitutional sociai media poliCy needs to be updated to conform with the recent court

order.

Respectfully Submitted.

J?aime Morgaine
Blocked Constituent

 

'rr-r-v ..

 

Case 3:17-c -
08178-DGC Document 8-1 Filed 12/27/17 Page 29 of 45

 

   

 
 

 

 

 

 

 

 

 

  

 




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Case Document 8-1 Filed 12/27/17 Page 30 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 31 of 45

August 2, 2017
J?aime Morgaine
PO Box 8152
Hualapai, AZ 86412 .
Representative Paul A. Gosar
122 N. Cortez Street, Suite 104
Prescott, AZ 86301

Representative Gosar:

For the past SEVEN months, I have made repeated requests for the speci?c reason why you blocked me on
Facebook. Yet, you have provided me with NO explanation/justi?cation for this act of aggression against
the very Constitution you swore to uphoid in your Oath of Of?ce. However, I will make no more requests to
find out which of my Facebook posts ruf?ed your feathers enough to silence my voice of dissent on the
Representative Paul Gosar's public Facebook page.

The Dawson v. Loudoun County Board of Supervisors ruling nuils the need to defend whateveri posted,
because this precedent?setting decision establishes an elected of?cial's social media as a protected First
Amendment free speech public forum, and every single thing that I eVer posted falls within the scope of 
Amendment protection. So, it no longer matters posted. You should have NEVER blocked me.

Twill also make NO ?request" for you to unbiock the Facebook block that you have unconstitutionaliy made
against my personal account because: (1) You never had the authority to abridge my right to free speech in
the ?rst place; (2) You never had the right to biock me with flagrant denial of constitutionally guaranteed
due process: and, NO constituent should EVER have to request their Congressman to honor their rights
guaranteed to ALL American citizens by the United States Constitution.

Therefore, I DEMAND that you unbiock my Facebook account And, Iwill restate what i said
to you on the very ?rst day that I discovered that you had blocked me: "You have fucked with the wrong
woman's civil iiberties!"

I don't care it you like me. I don't care if you ever like anything that I have to say, or howi say it. YOU are
my Congressman, and I have a constitutionally guaranteed RIGHT to say whatever I have to say to you with
the same equai opportunity as every single other constituent in the Fourth Congressional District.

As the notice that I sent certi?ed mail to you clari?es, this ruling clears the path for you to be sued for
blocking on the Rep. Paui Gosar Facebook Page, so I seek counsel on behalf of the group of biocked
constituents I have come across during my protest; others will be added as I ?nd them. Prepare for battle.

What you are doing is ILLEGAL and UNETHICAL. Your Sociai Media Policy betrays the Constitution, which
vioiates your Oath of Of?ce. I suggest that you lessen the legai damage to your position as a United States
Congressman by immediateiy modifying your Social Media Policy to align with the Constitution, and STOP

BLOCKING your constituents!

Respectfuily Submitted,

J'aime Morgaine
BLOCKED Constituent!

 

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Exhibit 

Case Document 8-1 Filed 12/27/17 Page 34 of 45

September it, 201?
Representative Gosar:

It has taken me a couple of days to absorb the implications of the email statement provided by your
atto-mey to Brahrn Resnilt in response to his requestfora public statement about my ?ling of the
complaint against you; this is my follow?up on two key points.

The lirst point is that you need to correct the FALSE statement that you are providing publicly. i have not
ever admitted to using profanity on the Rep. Paul Gosar Facebooir page. Never. after months of NO
response from you {or anyone in your o?ce} after repeated requests for YOU to tell me why YG-U had
blocked me on Facebooir, i went through my personal pro?le Facebook activity log to review my posts-
That?s when I discovered that your block had deleted them all, so i couldn't review the pestle) that may
have motivated you to block me, which left me with only self-reflection of what i may have posted. I
told Julie Brown {and every single reporter that I have spoken with about this issue] is that t'ni a veteran
Iwith PTSD, and during those three to four weeks after the inauguration, my brain was highly reactive. i
have admitted that it was POSSIBLE diet MAY have posted a SINGLE comment that had one profane
word. I remember one statement that I made in response to something political that had happened, and i
may have posted it to Sen. McCain's page. Sen. Fiake?s page, the *Rep. Paul page, or even on
my personal page as a comment introducing a shared post by any of the three of these same Members or
Congress. The-re WERE posts that included profanity that i had posted to my PERSONAL pro?le page.
but even these posts were self-deleted within minutes of posting {once my brain calmed dorm a bit},
because i do not use profanity in my posted comments even on my own page. THAT is all that have
ever admitted to. Your claim that i admitted to using profars?ty on your page is HGT true, and you need to
STOP matting public statements to a irriown factual inaccuracy.

And your position that you blocked me because i admitted to something AFIER was blocked is absurd.
it is also just as absurd that you bioched me for using profanity in persona! correspondence to you! also
AFTER was blocked. And, it?s even more absurd that you are trying to claim that you blocked me for a
single post with a single protane nerd when your own "Atmut Me" statement says that you hide or delete
comments that contain protanity, not block them.

The second point of clari?cation is about your puldic statement to Brahm that implicated my ?you have
fucked with the wrong con stituent?s civil liberties" statement as some kind of threat to you personally.
When I made that statement, it was when i had ?rst discovered that you had blocked roe. [was letting you
know that you had unleashed a relentless advocate of civil liberties, that was not afraid at your position
of power, that if you thought you could simply block are and would sit down politeiy and quietly you were
sorely mistaken and about to be rudely seasoned by tenacious, relentless campaign of political activism.
Tl-thT is ntrat i meant W?l'lEl'i i told you that you had ?fucked with the Wi'Dt'lg constituents civil iiberdes.?

So, let me make it perfectly clear about the threat that i am mat-ring, because you are correct that i HAVE
threatened you, just not in the deplorable way you are trying to imply- I have regularly and consistently
threatened that my protesting nould continue for as long as you continue to block me- I have threatened
that i will deliver the #GosarBlocl-rs protest to your of?ce every time that lot in Prescott for my VA
appointments- have threatened LEGAL action if you failed to modify your unconstitutional social media
policy- And i will continue to ?ght for my voice to be printed in every single publication possible as letters
to the editor in opposition to and anoreness raising of your unconstitutional blocking of constituents on a
public constituent portal. THESE are the ONLY threats that I have ever made!

i have never made any threats against you personally, or against anyone associated with you. Every
single action that i have taken since the moment I found myself blocked has been, and will continue to be?
focused in the of you BLOCKING me and denying my Constitution guaranteed CIVIL LIBERTTES.
At no point have I ever addressed you personal iy, or anyone else associated with you. end for you to
impy othenvise is not?iust inappropriate it is an unconscionable abuse of your tamer.

 

Case Document 8-1 Filed 12/27/17 Page 35 of 45

I am your i am helping you as any CUNGRESSMAN accountahiet Poiiticat activism is
patriotism in nzotioh!

know how your GOP machine marks. i watched Jon Dssoti get through those disgusting
campaign ads during Georgia's District run?off etection against Karen Handel that USED the Rep-
Scaiise sheeting as a weapon against a very kind and decent human being- Poitticai activism isn't
violence or even the threat of violence. I have 0er ever been peaceful and respectfut with any; of my
pretest visits to the ot?ce when i detivered the BLOCK pretest because yet] have ELGCKED my voice. i
{ain?t understand how you people litre with yourselves having your more} compass corrupted by this
abhorrent meet! to twist and coatert the peaceful truth into weapons of fear mongering to achieve
whatever political great an iour you are trying to weave through the narrative or factual reality.

30, HAVE fucked with the wrong ooestiteent?s civil I will continue to light fer
the TRUTH of your unconstitutional and unethical preaches iri conduct as my cmressiohai
representative to he addressed where you can be appropriately heicl federai ceurt ANSI
the House Ethics Committee after have received the rtteciaratory judgment of your betrayal of the
Censtitution. And this is a threat that wit! he relenttess in wanting to achieve. 80, i will see trail in oour?

Respectfuliy Submitted,

Jaime Morgaihe
Biecketi Constituent
PCJ Box 3152

Huaiapai, AZ 86432
itrnergaine@yahoo.com
(928) 515?4333

 

Case Document 8-1 Filed 12/27/17 Page 36 of 45

Exhibit 0

Case Document 8-1 Filed 12/27/17 Page 37 of 45

Screenshot of Congressman Gosar Status Update April 10, 2014 and
Paul Hamilton?s Response.

 

Rep. Paul Gosar
April 10. 2014 - 9

Rep. Gosar released the following statement following Secretary Kathleen
Sebelius's resignation:

 

join with many of the American people tonight in happily accepting the
resignation of Secretary Sebelius. Under her watch, and through her
incompetence, our nation's healthcare system has been harmed, hundreds
of millions of dollars were wasted, 5 million people lost their chosen health
insurance, and the country was far worse off than it was when she started.
She directly supported the "Lie of the Year" by falsely claiming peeple
could keep their insurance and their doctors. Under her watch millions
saw their policies cancelled, many saw their rates increase, many have lost
their physicians. Her departure is welcomed by Americans everywhere."

 

Like E53 Commenl #9 Share

0 467
439 shares

Yutl'it? ii u?l'IEutIlilmtl 

Write a (2)

5:




Howr- Fuetl v-I. .- . I-. .. v.2

 

Case Document 8-1 Filed 12/27/17 Page incompetence, our nation's healthcare system has been harmed, hundreds
of millions of dollars were wasted, 5 million people lost their chosen health

insurance, and the country was far worse off than it was when she started.

 

She directly supported the "Lie of the Year" by falsely claiming people
could keep their insurance and their doctors. Under her watch millions
saw their policies cancelled, many saw their rates increase, many have lost
their physicians. Her departure is welcomed by Americans everywhere."

 

like Comment a? Share

0 467

439 shares

Paul Hamilton 6

The photo, which is doctored to appear like an interracial kiss, was poorly
chosen. if Mr Gosar?s staff observe the responses of visceral disgust 
"sick", "does he taste like chocolate," etc.) clearly racist in tone I'm sure
that they will agree. Whatever your View on Kathleen Sebelius, this is not the
kind of message to send about who you are.

April H. mm . ram-ii - in. . imply '0 
- . 
You're as a consirtunnl if

Write a 

at. 69?;

Heat?s Feed "In

 

 

Case Document 8-1 Filed 12/27/17 Page 39 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 40 of 45

Screenshot of Paul Hamilton conversation with fellow constituent on
Congressman Gosar?s acebook page.

10:06 PM

 

'39? David Howe
t. Paul Hamilton, the Heritage Foundation dropped their support for a mandated
health insurance law years ago. Before Obamacare was written.

 

Do you like all of the Heritage Foundation's other ideas?
.l.?mu.uy 25;. you: name-u - - noun: - Oi

Paul Hamilton Replied - Replies

David Howe

Paul Hamilton, data insecurity actually does have to do with whether the ACA
is a good law or not. The ACA mandate the centralized, electronic storage of
all those insurance and health records. That, combined with the inept design
of the computer system itself, is what makes it susceptible to massive data
theft.

 

That feature of Obamacare is part of what is wrong with it.
.Jnnuniy Eli, 20M Reply oi

Paul Hamilton 9
David Howe: That's a fair point . . . I can understand that the data
security is a serious question that needs to be addressed. in my opinion,
this scrutiny is a good thing - and testimony to why a robust two party
system is so important. . . If you examine the article closely, though, it
refers to "personal records". That phrase is never defined. There is a
vast difference between "personal records" and credit card information.
Many of my "personal records" are available via a simple Google search .
. . Also, these allegations have been made several times before and it
is troubling to me that no independent test has been set up. Why? it
would be fairly easy to do such a thing . . . This vague, but sensational
testimony of hackers realty needs to be corroborated . . . More, I must
say that Amazon has the records of tens of millions of people - and, so
far, there has not been a serious problem with its business model. I don't
see why, in this age, that should be a fatal flaw for ACA though your
point is well taken . . .

January 3E, 20 I4 - Edits-cl - Lil-r" - Ropiy


Write a 

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55569,;

Fund 33 it; tin r?

 

Case Document 8-1 Filed 12/27/17 Page 41 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 42 of 45

Screenshot of Congressman Gosar status update and Paul Hamilton response
March 21, 2014.

 

Rep. Paul Gosar
March 21, 2014 - 6?

Members of Congress are servants of the people and shouldn?t be
considered a privileged class. Luxury airfare accommodations utilizing
taxpayer monies would seem inappropriate in any fiscal climate but at a
time of soaring deficits and with a federal debt in excess of $17 trillion
such expenditures are especially wasteful.

u. 

No more first?class flights for Congress?
7 saysIlipurlisimpant-l . . 
u. t??i?u ?1:44:15 

 

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Like Comment at} Share
0 You, Karen Wills Cunningham and 266 others

58 shares

Paul Hamilton 6
I agree and support this sincere and principled position.

Mulch 2w: - 

Rita Hathaway Leigh 6
Thank you for hearing the people and being our voice!

March :51, 2401.1 - letl - Reply .0 16

Barbara Vogl
Thank you for recognizing this. The taxpayers are being taken advantage of
and we work very hard for our incomes.

Mum}: '31. 2am - Like - liepiy '0 l3.

 

l??J?it Denise Robinson

in" II Make them fly Malaysian Airlines!
. . .. .. 
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Case Document 8-1 Filed 12/27/17 Page 43 of 45

Exhibit 

Case Document 8-1 Filed 12/27/17 Page 44 of 45

Screenshots of Congressman Gosar status update and Paul Hamilton response
February 5, 2014.

 

Rep. Paul Gosar
February 5, 2014 - 0

What's the difference between President Obama and Rep. Gosar2/0426; 
51?
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What 5 the (liffelence betneen Piesident Obama and Rep. Gosar?.


3 .,

Team Gosar In
Mohav- County 

  
 
 
  

   

ve got my Bible, my
cons?mlinn and a team 
willing to both?

Rep. Paul Cosu?r

  
 
  



lb Like Comment f? Share
0 199
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Wi?ite a 

Newsi?eed 

 

Case Document 8-1 Filed 12/27/17 Page the difference between President Obama and Rep. Gosm'. '9

a jk "a 
1*

Team Gosar 1n

  
    
 
 
  

?I?ve got my Bible, my
constilulion and a team .
willing to delenll both? I

Rep. Paul Cosm-

Like . Comment A Share

0199

38 shares

?f Paul Hamilton 6
I actually quite like this political ad! It's very funny . . . Great contrasting

photos!
February HUM ikr: Reply - 02

Rep. Paul Gosar 0
Me too!
February 20M Like Reply . 03
Paul Hamilton 6
It is gently humorous - and filled with pride about who you are. Quite
winning, really . . . A breath of fresh air. . .

Mum-y 7, mm - Ftlilm'i . Like - Reply - 02
Ham

You?re as a constituent ?1

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