Barr & Klein PLLC

07/01/2025

“Benjamin Barr, a lawyer for Project Veritas, said the group will appeal to the U.S. Supreme Court. He said the decision ‘leaves undercover journalists with their hands tied in Oregon’ by impeding their ability to investigate corruption and work with whistleblowers.”

A federal appeals court on Tuesday upheld an Oregon law banning most secret recordings of oral conversations, rejecting a First Amendment challenge by Project Veritas, a conservative activist group known for using covert recordings against opponents. In a 9-2 decision, the 9th U.S. Circuit Court of....

29/10/2024

“The PAC is represented by Teton County’s Mark Jackowski and Washington D.C.-based attorney Stephen Klein — the latter of whom has litigated other high-profile cases related to Wyoming elections, including one recently heard in federal court[.]”

The plaintiffs are “seeking to punish and censor criticism of their records as legislators and to profit from their public service” the PAC argues in a Friday filing.

28/10/2024

Since a settlement with the Michigan Secretary of State five years ago in Crookston v. Benson, a free speech lawsuit represented by Steve Klein, state regulations permit photographing one’s own marked ballot in a voting station. The state still prohibits all other photography in polling places except by credentialed media, making things a little confusing owing to the term “ballot selfie.”

Voters can't take a selfie of themselves with their marked ballots. But they can take a photo of the marked ballot alone, while inside the booth.

25/10/2024

Too many lawsuits blatantly disregard the . Steve Klein is fighting against on behalf of the WY Freedom PAC in Green River, .

https://drive.google.com/file/d/1YGuBj7E_H5lQUC5taycZz09KKDC5_ZNA/view?usp=share_link

17/10/2024

Yesterday Steve Klein argued in federal court against the state’s no-electioneering buffer zones around in-person absentee voting places. The zones censor sidewalks and even criminalize bumper stickers that pass by the building for a month before the election.

CHEYENNE – A federal judge heard arguments Wednesday regarding two competing First Amendment rights: the right to vote free of undue influence and the right to free speech.

23/07/2024

Today we filed the opening brief on behalf of the New York State Fi****ms Association, its members and several individuals in their appeal that challenges ammunition background checks in as unconstitutional under the . Enacted within days after the decision in the Bruen case two years ago, redundant background checks (complete with delays and inaccurate denials) are just another blatant attempt by the government to nullify the right to bear arms.

You can download the brief here:

https://drive.google.com/file/d/1vHTbMrYmYxtnFnChJNrNnSnMcHNwlS52/view?usp=share_link

26/06/2024

Benjamin Barr argued before an en banc panel of the U.S. Court of Appeals for the Ninth Circuit today that Oregon’s audio recording statute is unconstitutional under the .

26/06/2024

“Benjamin Barr, a lawyer for Project Veritas, told an 11-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle that the law violated the group's right to free speech under the 1st Amendment of the U.S. Constitution.”

Project Veritas, a conservative activist group known for releasing undercover recordings of abortion providers and others, on Tuesday urged a federal appeals court to strike down an Oregon state law banning most secret recordings of in-person conversations.

20/02/2024

Today, on behalf of John C. Frank, we filed a petition for with the United States Supreme Court seeking review of his case against the law that prohibits electioneering within 300 feet of a polling place on election day. This creates zones of that are nearly 6 ½ acres in size and serve no purpose other than to empower election officials to pull up yard signs and prevent other important, inexpensive ways of campaigning – even restricting the size of bumper stickers that can pass through a zone! We hope the Court will take the case.

Download the brief here:

https://drive.google.com/file/d/1ARu1G3il0UD30vQEmWT0AhKgeikl2kiT/view?usp=share_link

25/10/2023

Benjamin Barr and Stephen Klein won a motion to dismiss in today, confirming that the reach of the state’s recording law is limited to prohibiting the secret recording of private conversations. This ruling keeps New Hampshire law in line with principles, and we’re glad to mark another win for Project Veritas.

11/10/2023

A great win for in at the Tenth Circuit! Stephen Klein served as co-counsel for WyGO / Wyoming Gun Owners with our friend Del Kolde at the Institute for Free Speech.

13/09/2023

We’re honored to represent the New York State Fi****ms Association, Senator George Borrello, Assemblyman David DiPietro, and William Ortman in a challenging New York’s ammunition background checks and associated fees as unconstitutional under the .

https://drive.google.com/file/d/1rbMEENa9GFZ6iWOTm1VZnT6nd67eSo5_/view?usp=share_link

03/07/2023

We are proud to win another one for Project Veritas, Project Veritas Action and the First Amendment. Today the Ninth Circuit Court of Appeals ruled that Oregon’s law that regulates audio recording (ORS 165.540) is facially unconstitutional because it has little to do with protecting privacy and everything to do with the suppression of undercover . This ruling permits Oregonians to gather high-value information and report it to the public without fear of criminal sanctions.

The opinion is available here:

02/05/2023

We’re honored to be part of the team that’s fighting one of today’s most important battles. The United States Attorney for the Southern District of New York , under the leadership of President , is trying to turn everyday into a criminal act.

Too many in the mainstream press have equivocated or ignored the matter—some are even cheering the inquisition—because the government’s targets include Project Veritas and James O'Keefe. But this is a fight for the very heart of journalism, and a loss for one will be a loss for all.

07/12/2022

Today, Benjamin Barr argued on behalf of Project Veritas and Project Veritas Action at the Ninth Circuit Court of Appeals that the law that regulates audio recording abridges and is unconstitutional under the .

30/11/2022

The Cowboy State Daily discusses our case with Wyoming Liberty Group against ’s no-electioneering buffer zones, decision pending at the United States Court of Appeals for the Tenth Circuit.

The 10th Court of Appeals is still considering arguments in a lawsuit that will determine how close people can campaign around polling places. Plaintiffs believe they should be able to campaign and gather signatures much closer to polling places.

06/09/2022

Steve Klein moderated a webinar for The Federalist Society that featured a debate over the merits of Arizona’s new police recording law.

This summer, the state of Arizona passed a law that will prohibit the ability of the public and press to video record police officers in certain situations. ...

12/07/2022

Oregon's that prohibits not only secret recording but even unannounced open recording of one’s own conversations in most circumstances is not just bad policy; it’s unconstitutional under the . We’re proud to continue this fight for and the at the Ninth Circuit Court of Appeals on behalf of Project Veritas.