Evergreen Reporter

America First Legal (AFL) has issued a cease and desist letter to Utah State Senator Daniel McCay, addressing concerns over alleged viewpoint discrimination. The organization aims to defend the First Amendment rights of Utah residents.

The issue arose when Senator McCay posted support for Senate Bill 31 in April 2023, including a link to a YouTube channel. In response, AFL's client commented on the post. Following this, Senator McCay banned the individual from his social media account, which serves as a public forum for sharing information with the community.

Senator McCay claims that his social media account is a "campaign page" where he can manage comments at his discretion. However, AFL argues that by using it as an official government platform, he may have violated Utah's Government Records Access and Management Act.

Ian Prior, Senior Advisor at America First Legal, emphasized the importance of free speech: "The right to speak on matters of self-governance and the performance of our representatives is one of the core founding principles of our nation and enshrined in the First Amendment to the United States Constitution." He added that elected officials who block constituents based on their viewpoints violate constitutional rights.

AFL intends to ensure public officers respect legal standards and anticipates compliance from Senator McCay regarding this matter.