Free Speech Defender

Have you seen the news articles claiming "Trump Train Participants Settle Lawsuit with Apology"? Let's be VERY CLEAR: WE DID *NOT* SETTLE. If anything, we’re doubling down. We are still fighting to defend free speech and aren’t throwing in the towel, whatsoever.  

Our attorney says it best: “Let's put this in context. The two defendants who settled had no legal representation. But, just as my clients, they were facing about 20 lawyers from Washington and DC with unlimited resources from liberal donors, seeking to financially ruin them with a federal lawsuit. The Biden Bus lawyers cynically leveraged their raw power against unrepresented, young defendants. It seems clear to me that Plaintiffs' lawyers carefully crafted the settlement statements with the intent to use them against the remaining defendants.

However, my clients will not be intimidated. The Biden Bus paraded down I-35 as a moving billboard, and my clients simply drove along in the vicinity flying Trump flags. That's not a federal offense, it's protected political association and speech. But it was tremendously embarrassing for the Biden bus, so they are abusing the court system to stretch the law and intimidate opposition.

Wendy Davis and the Plaintiffs have about 20 lawyers and mounds of cash, but we have the law. If they had a few more lawyers, it might be an even fight.”

- Jerad Najvar, Najvar Law Firm

The plaintiffs continue their efforts to fabricate a frivolous story to uphold this malicious lawsuit filed against us under the KKK Law of 1871, claiming we premeditated a plan to suppress minority voter rights by merely flying Trump flags next to the Biden Bus. Shocking, really, as many of us present that day are minorities ourselves. 

As others around us are being pressured to concede, it is more important than ever that we continue fighting to see a victory for 1A rights. We stand firm in defending Americans’ basic freedoms and urge you to join us. Please donate $5, $25, $50, $100, $500 or $1,000 now! 

New Braunfels couple - sued by Democrats for driving with Trump flags - seek dismissal of lawsuit in defense of basic liberties

HOUSTON, TEX. - In July 2021, Joeylynn and Robert Mesaros, a married couple from New Braunfels, were served with a lawsuit. Former Texas Senator Wendy Davis and three Democratic operatives and contractors involved in the Biden Presidential campaign had sued the Mesaroses in federal court in Austin, along with several other Trump supporters, alleging civil conspiracy and civil rights violations. The basis for such sensational claims? The lawsuit targets the Mesaroses and the other defendants for their participation in a Trump Train event in October 202o, expressing their support for President Trump’s re-election as the Biden bus traveled through central Texas.  

Wendy Davis and the other plaintiffs are represented by no fewer than ten attorneys, primarily from New York City and Washington, D.C. Najvar Law Firm PLLC (NLF), of Houston, Texas, was retained by the Mesaroses.

This month, the Mesaroses filed a second motion urging the district court to dismiss the case outright, explaining that the Democrats’ novel legal theory would upend settled First Amendment law and chill the completely legal and non-violent speech of conservatives.

“This lawsuit is an egregious abuse of the judicial system,” said NLF principal attorney Jerad Najvar, an experienced litigator who has focused for more than a decade on constitutional, and especially First Amendment, litigation for conservatives. “As I said in our initial statements, the whole case is founded upon the plaintiffs’ attorneys’ pitiable lies and exaggerations, and their own evidence refutes their central factual claims,” Najvar said. The Epoch Times reported on the case last year, with further discussion of the underlying facts. NLF will be discussing the factual aspects of the case in coming days, including the Plaintiffs’ own evidence which directly refutes the claims. “But the focus of our pending motion is the fact that settled First Amendment law forecloses the Plaintiffs’ novel claims as a matter of law, and therefore we are re-urging the court to dismiss the lawsuit,” Najvar said. 

 Plaintiffs’ lawsuit alleges a violation of a provision of 42 U.S.C. § 1985(3), known as the “Ku Klux Klan Act” of 1871, which essentially guards against interference with the right to vote. But Plaintiffs nowhere allege that anyone was intimidated or dissuaded from exercising their right to vote because of the Trump Train on October 30, 2020. Instead, the claim is that the Trump Train drivers intimidated the Biden campaign surrogates and workers while they were in the act of offering “support or advocacy” to Biden as the bus traveled to Austin on I-35.

“My clients were sued for nothing more than driving along I-35 with their Trump and other political flags proudly displayed on their vehicle, which they have the clear right to do,” said Najvar. Because there is no claim of interference with actual voting activity, the Plaintiffs’ theory relies solely on alleged interference with rights protected under the First Amendment – but proving a violation of First Amendment rights would require proof of government involvement in the Plaintiffs’ imaginary conspiracy to intimidate. The Mesaroses are not government agents. They are not officials, but normal citizens who had the temerity to show their support for Trump in 2020 as Biden surrogates apparently claimed the sole right to campaign on I-35 in the vicinity of their massive bus. 

 In a 1983 case interpreting the statute at issue, the Supreme Court held that where (as here) there is no claim of interference with anyone’s ability to register to vote or actually vote, alleged interference with “support or advocacy” is a claim arising solely under the First Amendment, and therefore requires state involvement. United Brotherhood of Carpenters v. Scott, 463 U.S. 825, 830 (1983). Lacking any state involvement here, the Plaintiffs’ claim fails as a matter of law. The Supreme Court specifically warned against interpreting Section 1985(3) to support “the claim that a political party has interfered with the freedom of speech of another political party by encouraging the heckling of its rival’s speakers and the disruption of the rival’s meetings,” because the federal courts cannot be “monitors of campaign tactics.”

“The Plaintiffs here seek to do exactly what the Supreme Court warned against in Carpenters,” Najvar said. “Plaintiffs are sophisticated and know exactly what they’re doing – this lawsuit is an attempt to silence political opposition by intimidation through the court system. It cannot succeed.” Najvar is not the only one saying so. Lackland Bloom Jr., professor of constitutional law at SMU’s Dedman School of Law, told The Epoch Times that he believes the case will ultimately be dismissed.

Najvar has prevailed in constitutional lawsuits against the Federal Election Commission, the Food and Drug Administration, the Texas Ethics Commission, the cities of Houston (twice), Austin, and Stafford, and Bexar and Hidalgo Counties in Texas. He has argued constitutional cases in the Texas Supreme Court, Texas’s First and Fourth Courts of Appeals, and in the United States Courts of Appeals for the Fifth, Ninth, Eleventh, and D.C. Circuits.   

The motion to dismiss Plaintiffs’ amended complaint is currently pending and awaiting a ruling from the court. The case is Cervini v. Cisneros, No. 1:21-cv-00565, in the U.S. District Court for the Western District of Texas, Austin Division.

Najvar Law Firm, PLLC, based in Houston, focuses on litigation and appeals in election and constitutional matters. NLF has successfully litigated several constitutional cases, including serving as co-counsel to Plaintiff Shaun McCutcheon in McCutcheon v. FEC (2014), in which the U.S. Supreme Court struck down the federal aggregate limits on campaign contributions under the First Amendment.

Statement made by Attorney Jerad Najvar with Najvar Law Firm, Political Law, Ethics, Litigation and Appeals, representing Robert and Joeylynn Mesaros

Despite Robert and Joeylynn's best efforts to get this frivolous lawsuit dismissed, the Obama-appointed judge has ruled the couple will go to trial by jury in Federal court. The judge has issued a court date of December 11, 2023, which will be a staggering 3+ years from the date they drove next to the Biden Bus. The nature of lawfare (which is defined as the use of legal systems to damage or delegitimize an opponent, or to deter individual's usage of their legal rights), results in very expensive legal fees as the legal processes are often dragged out for years. During the first 2 years of this lawsuit, Robert and Joeylynn spent over $100,000 merely trying to get the lawsuit dismissed and simply providing discovery documentation. The couple's attorney has counseled them that the lawsuit could exceed half a million dollars in legal fees alone, if taken all the way to the U.S. Supreme Court. Robert and Joeylynn continue to hold the line for free speech rights at the federal level for all Americans and need your financial support to stay in the fight. They have raised their current goal to $300,000 in order to be financially equipped to make it through the trial and to ensure a victory defending our 1st Amendment rights.

Robert and Joeylynn maintain a winning mindset despite the lack of resources from over 50 non-profits who claim they defend 1st Amendment rights but have denied the couple's applications saying they only specialize in religious freedoms under the 1st Amendment. Additionally, local and state politicians have show time and time again their reluctancy to join the fight to defend free speech with Robert and Joeylynn, despite multiple attempts to recruit their help over the last 2 years. Robert and Joeylynn believe that "silence in the face of evil is evil itself.", and humbly thank you for your bravery in joining their fight and making it possible for them to stay in this battle - both financially and prayerfully.

Robert and Joeylynn want you to know that, "it will be because the American people alone have funded this fight that our impending victory is even possible. God alone will receive the glory and no one man or organization will be able to take credit for it. Together, with We the People, we are passionately defending our most basic God-given rights. Thank you for your staunch support!" 

One of the biggest exercises of free speech that we have ever assembled - all thanks to our volunteers, sponsors and supporters!! (Thanks also to the politicIans suing us for exercising free speech, which only lit the fire to go even harder!) 

"It was a great day in New Braunfels for our clients Joeylynn and Robert Mesaros, whose “Biden is the Wurst” float was a huge hit in the Comal County Fair Parade. The float was a project of FreeSpeechDefender.com. But a “complaint” from someone to the Comal County Fair Association threatened to derail their participation. The CCFA told the Mesaroses a week before the parade that, despite having a “political” float category available at sign up, they wouldn’t be able to parade because their slogan was “negative” toward Biden. We quickly explained to CCFA that as a 501c3, if it was going to invite “political” floats, it couldn’t favor one side or another, and the fact that some might be offended by a message against Biden couldn’t justify denying them entry. 

To their credit, CCFA dropped its opposition and the float was a huge success. But it’s a shame that the Comal County Fair Assoc was initially ready to capitulate to some complainant, when Biden’s lies and incompetency and downright evil policies (including supporting abortion on demand to birth) are inherently offensive themselves to any fair minded person. Maybe one day more of our officials and leaders will actually defend virtue and truth rather than simply managing the degeneration of our culture."

- Jerad Najvar, Najvar Law Firm, LLC, representing clients Robert and Joeylynn Mesaros

Needless to say, free speech prevailed! It’s so important to KNOW YOUR RIGHTS. Know them so that when people infringe on them you can call it out and expect them to respect you and treat you with equality and justice. Stand firm in demanding your fair treatment and don’t be afraid to speak up when you’re being censored. If we hadn’t pushed back they would have happily, and easily, squashed us. 

But not this time.

We are getting sued for exercising free speech, then aren’t getting help from elected officials or media to fundraise or cover the story, so we resort to our own efforts via word of mouth and creative marketing, then our own city’s fair association of predominately “conservative” members tried to censors us. You can’t make this stuff up. Wake up folks. This is America. This is Texas. We have to defend these freedoms to hand down to our children. Don’t just roll over and let them push you around because they don’t like what you have to say.

A HUGE thanks to our sponsors Patriot Cigar Company Topside Construction Hair By Eileen Any Margraves and Devan Brandalick Music for covering our expenses and decoration!! Everything came together beautifully!!

AND A BIG THANKS TO YOU FOR SUPPORTING OUR FIGHT TO DEFEND FREE SPEECH! GOD BLESS YOU!

-Robert and Joeylynn Mesaros

Biden Bus Democrats and their lawyers RECEIVE the unconstitutional PROTECTIVE ORDER that they requested (which silences Robert and Joeylynn, preventing them from publicizing documents the plaintiffs turn over in the discovery phase of the lawsuit) as Obama-appointed Judge Pitman rules in Plaintiffs' favor of their request. First the Plaintiffs file a bogus lawsuit in federal court, then run from the facts as Defendants begin requesting basic information to be turned over as they progress through court.

Our family is so encouraged by the HUGE outpour of support! We remember when we did not know where the first dollar would come from, and now to see our fundraiser hit 78% today is a humbling and beautiful thing. We are vitalized by the American people's determination to defend free speech with us!! God is on the move!! Thank you so much for your donations and prayers; they speak straight to our heart and keep us motivated on the hardest days.

In Freedom,

Robert Joeylynn and Jude Mesaros

WE ARE FINALLY ABLE TO POST AN UPDATE! (after 8 long months of waiting for a ruling, and spending approximately $50,000 in legal fees) Robert and Joeylynn received the dreaded and unfortunate news that the judge has DENIED their motion to dismiss the lawsuit. Judge Pitman and has ruled that they will GO TO TRIAL IN FEDERAL COURT before a jury of their peers.

The judge has not yet ruled on the protective order filed by the plaintiffs attempting to gag and silence them from speaking about the details of the lawsuit as they enter into discovery; however, it is up to his sole discretion if they will be silenced.

As Robert and Joeylynn progress through the judicial system, they have depleted the funds to defend themselves. Things will become increasingly more costly moving forward. Robert and Joeylynn do not wish to only be on the defense, but offensively fighting for American's constitutional rights and freedoms - they need your support and funds to do this properly. Thank you for your donation!

Robert and Joeylynn ultimately hope to be victorious in the end and plan to start a fund where they can financially equip other Americans in defending their God-given constitutional rights. 

Mesaroses Move to Dismiss Frivolous Lawsuit by Biden Campaign Operatives and Surrogate Wendy Davis

Democrats' lawsuit alleges "intimidation" from October 2020 Texas Trump Train

In July, Joeylynn and Robert Mesaros, a couple from New Braunfels, were served with a lawsuit. Former Texas Senator Wendy Davis and three Democratic operatives and contractors involved in the Biden Presidential campaign had sued the Mesaroses, along with several other Trump supporters, alleging civil conspiracy and civil rights violations. The lawsuit targets the Mesaroses and the other defendants for their participation in a Trump Train event in October 2020, expressing their support for President Trump’s re-election as the Biden bus traveled through central Texas. The Mesaroses have now asked the court to dismiss all claims, and Plaintiffs have to respond by September 13.

Wendy Davis and the other plaintiffs are represented by no fewer than ten attorneys, primarily from New York City and Washington, D.C. Najvar Law Firm PLLC, of Houston, Texas, was retained by the Mesaroses.

“When the Mesaroses first called me, I immediately remembered the Trump Train from the day at issue here,” said NLF principal attorney Jerad Najvar. “I had seen events unfold on Twitter in real time, as Democrats shared a short video clip of an interaction between a white car and a black truck with a Trump flag, behind the Biden campaign bus. Democrats made the sensational claim that the Trump Train folks had tried to run the bus off the road and were driving aggressively.” “However,” Najvar continued, “for anyone with eyes to see, the longer video circulating on Twitter showed the real story. The Biden staffer in the white car had actually instigated the incident, trying to cut off the Trump truck. Democrats had edited the video to make the incident look like the Trump truck was the aggressor, where, in fact, the opposite was true.”

The black Trump truck in that incident was not driven by the Mesaroses. But the Democrats have made that interaction the centerpiece of a lawsuit claiming intimidation by the Trump Train drivers, and have sued a handful of drivers that they identified.

“The lawsuit proceeds just like the whole viral story began: based on a blatant lie,” Najvar said. “The Democrats have lied about what happened on that day and since then, and these lies have been repeated by lazy corporate media who fail to undertake the most basic inquiry into the facts. Now, Democrats and their partisan law firms have filed a federal lawsuit in Austin, seeking to weaponize the court system against conservatives, threatening the Mesaroses and others with massive financial damages claims.”

Earlier this month, NLF filed a motion to dismiss all claims against the Mesaroses. The Defendants have until September 13 to respond, and then the Court will either rule or will set the matter for a hearing. “The claims are baseless, legally and factually, and I expect them to be dismissed in full, not just against the Mesaroses but against all defendants,” Najvar said. “But we will not merely be seeking dismissal. The lawsuit is replete with lies and half-truths, and nobody should be allowed to get away with that. I plan to hold these Democrat plaintiffs and their attorneys accountable for this abuse of the court system and abuse of my clients’ time. So we will be filing additional documents soon, and demanding answers for these misleading claims.”

The case is Cervini v. Cisneros, No. 1:21-cv-00565, pending in the U.S. District Court for the Western District of Texas, before Judge Pitman in Austin.

Najvar Law Firm, PLLC, based in Houston, focuses on litigation and appeals in election and constitutional matters. NLF has successfully litigated several constitutional cases, including serving as co-counsel to Plaintiff Shaun McCutcheon in McCutcheon v. FEC (2014), in which the U.S. Supreme Court struck down the federal aggregate limits on campaign contributions under the First Amendment.
 

On Monday, August 9, 2021, Robert and Joeylynn's legal team filed a motion to dismiss the frivolous lawsuit and 'award the Mesaros's such fees, costs, or other relief as to which the court finds they are entitled'. Robert and Joeylynn remain optimistic, and refuse to be intimidated.