SIOUX FALLS, S.D. (KELO.com) — Soon to be resigning Republican state Senator Stace Nelson is being sued by a second-year University of South Dakota law student in Vermillion for kicking him off his Facebook page.
Jeff Church says in the complaint filed in federal court in Sioux Falls that Nelson’s Facebook page is a public forum.
Church says by not letting him comment on his posts, Nelson is denying him his First Amendment rights.
Nelson announced that he is resigning from the state Senate on December 10. Nelson is from Fulton.
In his complaint, Church says he is a former military officer. He said he wished to respond to Nelson’s posts that he disagreed with.
Earlier this year, a federal appeals court said that President Donald Trump could not block his critics on Twitter and this is account was a “public forum.”
Nelson has not yet answered the complaint. Under the Federal Rules of Civil Procedure, he has 21 days from the day of service of the complaint and summons. The lawsuit was filed yesterday. As of late afternoon, there was no return of service from Nelson.
The statements made in a complaint are allegations and may or may not be true. Click here to read the complaint.
