A northwest Iowa town is being ordered to cease threats of legal action against a man, who created a website that was critical of the Osceola County town of Sibley, and odors from a pork blood processing plant.
ACLU-Iowa Legal Director Rita Bettis says the injunction permanently blocks the city from threatening legal action or actually suing Josh Harms from criticizing the government.
Harms, who is a web developer, is now allowed to continue to publish his website, (www.shouldyoumovetosibleyia.com) or develop a new website, even if it is critical of the community. He is also allowed to speak with news media if he wishes. Harms says his intention was to call attention to community problems. He says the city had asked him to refrain from talking to local media about the controversy.
The ACLU says Sibley violated Josh Harm's free speech rights. Sibley's been ordered to pay damages to Harms and cover legal fees.
The agreement also means Sibley will need to provide First Amendment training for city staff, and issue a written apology to Harms.,
“I'm happy that the City of Sibley has recognized they were wrong to threaten me for the criticism I've written and published online. Personally disagreeing with something that's been written is understandable, but threatening the writer with a lawsuit while representing the government is censorship. It violates the First Amendment and our freedom of speech," said harms.
Cooperating Attorney Glen Downey said, “We are pleased that the injunction against the City of Sibley that was signed today by a federal judge shows that Josh’s hometown recognized that protecting the First Amendment rights of its citizens is not only the constitutional obligation of the City but is also the only just and fair thing under the circumstances. We hope that instead of threatened litigation, Josh and the City can now work together to improve life in Sibley for everyone.”