Case Info & Legal Team

Westwood - Free Speech

The government may not threaten to sue individuals who oppose City's plans to develop public park into office space

The City of Westwood plans to sell the Joe D. Dennis Park to a real estate development company, to develop the park into a mixed-use office and retail development. When opponents of the planned development expressed their belief that state law required residents be given the opportunity to vote on the sale of the park the City threatened to sue its opponents for slander of title and tortious interference.

It doesn’t matter what side of the debate you’re on, what matters is that you’re able to debate it without being threatened with a lawsuit by the government.

-KJI litigation director Sam MacRoberts

But the First Amendment to the United States Constitution, as well as the Kansas Constitution, guarantees the right to free speech, free association, and to petition the government for a redress of grievances.

The City of Westwood should immediately—and publicly—withdraw its threatening letter and affirm the right of the people to speak freely on matters of public concern.

-KJI litigation director Sam MacRoberts

Case Timeline

DEC
2023
Letter to Westwood
DEC
2023
Media Release

IN THE NEWS:

Westwood residents told to drop lawsuit threats against opponents of park plan

KANSAS CITY, Mo. — Some people who live in Westwood Kansas are upset with plans to convert a park into office space and they were hoping to force a public vote. But when they questioned […]
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Westwood Responds To Kansas Justice Institute Demand To Abandon Legal Threats

Spoiler alert . . . The response was garbage but it’s nice the local news picked up on the controversy and suburban legal games targeting residents who simply want more discussion about the sale of […]
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Legal institute warns that attempts to bar opposition on Westwood park are unconstitutional

WESTWOOD, Kan. (WIBW) – A statewide organization dedicated to Kansans and their First Amendment rights has warned the governing body of a Kansas City suburb that attempts to bar opposition to a new development are […]
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