Minnesota State Wire

A federal judge has allowed a legal challenge to Minnesota's "Captive Audience" law, initiated by the National Federation of Independent Business (NFIB), Associated Builders and Contractors of Minnesota (ABC-MN), and Laketown Electric Corporation, to move forward. This decision comes after these organizations filed a lawsuit against the state earlier this year, arguing that the law infringes on free speech rights and is preempted by federal labor law.

The controversial law, enacted in August 2023, restricts employers from discussing certain topics with employees during workplace meetings. It specifically prohibits requiring employees to attend meetings where politics are discussed, which includes political campaigns, legislation, regulations, public policy, and various organizations. Employees are protected from being discharged or penalized for refusing to attend such meetings and may seek legal action if they believe their rights under the law have been violated.

Governor Walz and Attorney General Ellison attempted to have the lawsuit dismissed before it went to trial. They argued that there was no threat of enforcement despite the law being active. However, the judge rejected these arguments, citing comments made by Governor Walz indicating enforcement intentions. Walz had stated at a North American Building Trades Union event that "You go to jail now if you do that in Minnesota because you can’t intimidate people," although the law does not impose criminal penalties.

NFIB Minnesota and other business groups contend that the gag order is overly vague and infringes on small employers' free speech rights. They argue that open communication is vital for businesses to navigate external challenges effectively. Despite these concerns, the Legislature passed the law as part of an omnibus bill signed by Governor Walz.