GOP rep sues House speaker after newsletter critical of lawmakers, Whitmer is blocked

Lansing — Republican state Rep. Matt Maddock has filed a federal lawsuit against Democratic House Speaker Joe Tate and House Business Office employees for refusing to use taxpayer resources to pay for the printing and mailing of a constituent newsletter that criticized Tate and Democratic Gov. Gretchen Whitmer.

The House Business Office, which is under Tate's supervision, acted "the part of state censor" in refusing to pay for the printing and mailing of the newsletter under House rules that are "scorchingly unconstitutional," the lawsuit filed Tuesday in U.S. District Court alleged.

"...the rules prohibit legislators from publishing a newsletter if that newsletter criticizes the Legislature, legislators, or other individuals, including the governor," the lawsuit said. "In other words, the government prohibits publishing comments critical of the government."

Maddock's lawsuit argues the rules and their application violate the First Amendment's right to free speech and the right to petition the government, as well as the state constitution's prohibition on prior restraint on lawful speech. The filing seeks a court order finding the printing rules violate the U.S. and Michigan constitutions, asks for injunctions allowing for the publication of the newsletter and seeks damages and attorney fees.

Tate's office did not immediately comment on the lawsuit. The lawsuit also named Tate's press secretary, Amber McCann, as a defendant.

Maddock said Tuesday that he believes in the First Amendment and "will always fight to defend it."

The conflict stems from a request Maddock's staff made last month for approval of a newsletter draft by the House Business Office, which is tasked with ensuring the format and content complies with printing guidelines promulgated by the office before authorizing printing and mailing expenses.

Maddock's four-page newsletter titled "Your Rights at Risk in Lansing!" describes Gov. Gretchen Whitmer as a "horrible governor" who's done an "awful job," and states the Legislature "is similarly doing horrible things to your freedoms and to the state of Michigan."

Whitmer and the Democratic-led Legislature have adopted policies with a "direct object of an absolute tyranny," the newsletter said.

Maddock's newsletter criticized Whitmer's COVID-19 policies, issues with unemployment aid, controversial decisions regarding nursing home policies during the pandemic and accuses Whitmer of restricting Second Amendment gun ownership rights and failing to fix the roads.

He also accused Democratic committee chairs of blocking some advocacy groups from testifying in unspecified committee hearings.

The newsletter accused leaders "compromised by the Lansing lobby" of failing to reign in spending, compared taxpayers to "worker drones" subject to the "Queen" and says President Joe Biden is "wildly unpopular" and "senile."

A House Business Office employee told Maddock's staff on Feb. 14 that the newsletter violated "multiple portions of the printing guidelines," specifically citing prohibitions on comments critical of legislators or other individuals as well as rules barring mailings from impugning the motives of legislators.

Suggested changes from the House Business Office removed any reference to Whitmer and Tate's names and suggested referring to them only by their titles. Much of the document is highlighted as violating rules barring criticism of the Legislature or impugning the motives of legislators.

The House Business Office's decision, Maddock argued in the filing, denied residents of the 51st House District "the ability to receive information from their duly-elected representative."

Legislative rules governing printing of materials bar "personal" mailers or "partisan" material, according to the complaint. But the rules and their application go beyond bars on content related to the Republican and Democratic parties, the suit said, and constitute "viewpoint-based restrictions" that prohibit critical comments, "but allow positive and laudatory comments about the Legislature, legislators and other individuals."

Staff writer Craig Mauger contributed.

eleblanc@detroitnews.com