SFFO Files Motion To Dismiss Gentner Drummond’s Meritless Lawsuit

OSAGE COUNTY, OKLAHOMA – School Freedom Fund Oklahoma (SFFO) filed a motion to dismiss Oklahoma AG Gentner Drummond’s meritless anti free speech defamation lawsuit.

“Drummond is trying to distract from his collapsing campaign by using his lawsuit to cover-up the truth. Drummond is a soft on crime, Biden donor who, as Attorney General, gave hundreds of thousands of Oklahoma taxpayer dollars to finance a radical trans group that hosted drag queen story times for kids. Drummond’s lame lawsuit should be dismissed, and Oklahomans deserve a true conservative to be Governor.” – David McIntosh, President, SFFO.

In the motion, SFFO asks the court to dismiss Drummond’s meritless claims with prejudice, award SFFO its costs, reasonable attorney fees, and expenses, and impose sanctions against Drummond for trying to stifle speech under the Oklahoma Citizens Participation Act.  Club for Growth Action’s affiliated SFFO has committed $4.3 million to oppose Drummond’s gubernatorial campaign following his Supreme Court case opposing school freedom.

Click here to read the SFFO motion to dismiss.

Click here for polling that shows Drummond’s support collapsing.

Click here to watch the ad Drummond is trying to silence.

Key Excerpts From Motion To Dismiss:

The advertisement is core constitutionally protected speech about matters of public concern. The advertisement’s factual statements are also true, which is an absolute defense to Plaintiff’s claims. 

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SFFO moves the Court to immediately dismiss Plaintiff’s suit with prejudice, award fees and costs, and impose a sanction sufficient to deter Plaintiff and others from filing actions like this one that seek to target and chill protected political speech.

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The funding statement is true.  The advertisement states Plaintiff “gave hundreds of thousands of dollars” to DCO. The documentary record — including the Petition’s own exhibits — establishes more. Plaintiff’s Office administered the certification and the grants.

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The statements in the advertisement were based on true fact. Under Plaintiff’s leadership, the Attorney General’s Office funded DCO to the tune of nearly half a million dollars and DCO sponsored a chest binding program and a trans queen story time for Oklahoma children. The advertisement was not made for the sole purpose of causing harm, but for the legitimate and constitutionally protected purpose of informing Oklahoma voters as part of the political process.

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Under the Oklahoma Citizens Participation Act, the Court should dismiss the Petition with prejudice, award SFFO its costs, reasonable attorney fees, and expenses, impose sanctions against Plaintiff under 12 O.S. § 1438(A), and confirm that all discovery in this action is suspended under 12 O.S. § 1433(B) pending the Court’s ruling on the Motion to Dismiss.