Overview
Reason to Invest:
Investing in this project is an investment in core First Amendment protection and the vitality of the marketplace of ideas in North Dakota. The statute criminalizes political advertisements containing statements that are "untrue, deceptive, or misleading" and carries a potential penalty of up to 360 days in jail and a fine of $3,000 for individuals or $30,000 for organizations. Here are the key reasons to invest in this project:
● Defending Core Political Speech: The statute restricts political speech based on content and applies to everything from billboard advertisements to text messages. Under the First Amendment, even false or misleading political speech is generally protected, and content-based restrictions are subject tostrict scrutiny.
● Preventing Chilled Speech: The law's vague and overbroad language forces speakers, including the plaintiffs, to self-censor their constitutionally protected speech to avoid the threat of criminal investigation, prosecution, and reputational damage. The fear of prosecution or investigation is an ongoing injury.
● Stopping "Weaponization" of the Law: The lawsuit alleges the statute is used as a "political weapon" for opponents to seek punishment by alleging any public speech is "deceptive, or misleading," regardless of its factual truth.
● Setting a National Precedent (Reinforcement): The Eighth Circuit Court of Appeals has previously found a similar Minnesota statute unconstitutional (in281 Care Committee v. Arneson), which the plaintiffs argue demonstrates the North Dakota statute is also unconstitutional and unenforceable. A victory here will further solidify the protection of free speech in the region.
Team
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
PITCH
Imagine putting up a billboard with a short, punchy political message—a common, rhetorically framed political advertisement. Now imagine that for this act of political speech, you are formally investigated by a detective from the Attorney General's office and threatened with criminal prosecution for a Class A Misdemeanor (jail time and a large fine) under the state's "corrupt practices" act. This is what happened to the Plaintiffs.
This project funds the federal lawsuit fighting for the First Amendment rights of all North Dakotans. The North Dakota statute criminalizes core political speech if it is deemed "untrue, deceptive, or misleading" by a prosecutor or ethics commission, creating a massive chilling effect on public discourse. The law must be enjoined to prevent further harm to speech. Your support will ensure that citizens, organizations, and candidates in North Dakota can engage in robust political debate without the constant threat of criminal investigation and prosecution. Join us in defending free speech and ending the weaponization of this unconstitutional law.
Organization Information:
It takes a great deal of work and sacrifice to build a successful enterprise. When the government seeks to derail that success, you have a right to protect the fruits of your labor. Mohrman, Kaardal & Erickson, P.A., defends family-owned businesses, small companies and nonprofits that have been sued by the government.
Our accomplished trial lawyers enable “the little guy” to stand up against the considerable power of the government, whether they are fighting City Hall, the state attorney general or a federal agency. Our team provides actionable advice and legal firepower to push back against government overreach and abuse of power to safeguard business interests and personal liberties.
Milestones
Milestone 1—File Complaint & Defeat Motion to Dismiss
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$37,500 (Completed): The complaint has been successfully filed, marking a significant step forward in challenging the statute and protecting free speech rights.
Milestone 2— Amici curiae
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$40,000 Inform key parties of the issue in North Dakota and the nine state who have these laws in place. We want to consolidate the coalition and recruit friends of the courts brief or amici curiae briefs.
Milestone 3—Discovery & Defeat Summary Judgment
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This involves a discovery phase to gather evidence on the law's chilling effects and history of alleged "weaponization" against Plaintiffs and other third parties. We will then oppose the Defendants’ motion for summary judgment, arguing that, as a matter of law, the statute violates the First Amendment, requiring the court to grant declaratory and permanent injunctive relief. $25,000 - $62,500
Milestone 4—Trial & Permanent Injunction
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$125,000 (Completed) If the case is not resolved on summary judgment, this covers the costs of preparing for and conducting a federal court trial on the constitutionality of the law
Updates
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November 4, 2025: Complaint filed in the United States District Court for the District of North Dakota.