The Ninth Circuit Rules That There is no Chilling Effect in Forcing GOP Leaders to Hand Over Phone Records to Democrats

There is an important ruling out of the United States Court of Appeals for the Ninth Circuit this week where a divided panel held that Kelli Ward, the Chair of the Arizona Republican Party and former senatorial candidate, cannot withhold her cell phone records from the January 6th Committee. The impact on political speech could be not just chilling but glacial.

The court’s order denied Ward’s request to enjoin T-Mobile from providing her records to the Jan. 6 committee. What is striking about the ruling is the sweeping language employed by Judges Barry Silverman and Eric Miller. I do not view this as a partisan ruling but rather have concern over the dismissive character of the analysis over legitimate concerns raised by the forced disclosure of political associations under the First Amendment.

The J6 Committee issued a sweeping subpoena that previously encompassed even “Ward’s patient information.” However, it is her political associations that raised red flags.

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