Free Speech Defender

Goal:

 USD $400,000

Raised:

 USD $314,842

Campaign created by Joeylynn Mesaros

Campaign funds will be received by Joeylynn Mesaros

Free Speech Defender

Robert and Joeylynn Mesaros, along with 4 other Texans, are being sued by Biden’s White House officials and Democrats politicians in Federal Court under the Ku Klux Law of 1871 for simply driving next to the Biden Bus during its campaign in 2020. There are ZERO criminal charges. This is a CIVIL lawsuit where plaintiffs claim they have "EMOTIONAL DAMAGE" from the couple's exercise of FREE SPEECH and claim they are seeking FINANCIAL COMPENSATION; however, it is clear that what they are actually after is much greater.


As Americans witness the increasing weaponization of the DOJ against Conservatives, defending Free Speech is more important than ever. Robert and Joeylynn Mesaros are personally suffering the political persecution and abuse of the progressive left's attempt to keep Trump off the ballot. They are being used as a tool by Democrats who egregiously claim they are "political extremists", "threats to democracy", "white supremacists", and "MAGA extremists" (in Trump's impeachment trial, the 14th Amendment hearing, and across all mainstream media headlines) all for driving down a public highway.


Backed by progressive, far-left, non-profits (Texas Civil Rights Project and Protect Democracy) the plaintiff's 20+ DC attorneys are bankrupting The Mesaroses via lawfare. Robert and Joeylynn tapped into their son's college fund, set aside dreams of opening their own plumbing company, and cashed out their 401K, using the money to retain their attorney. They have since run out of money, which makes it blatantly obvious that money isn’t what the left is after. The couple faces over $500,000 in legal defense fees alone as they have the burden of proving their innocence. They are fundraising to cover the remainder of extremely costly legal defense fees. 


This is a travesty of Justice to see an administration weaponize the law against average Americans for exercising basic Constitutional rights, and then to leverage the media to create heinous lies around the story, leaving the family defamed and without a voice to advocate for themselves. The Texas couple understands the scary precedent this could set at the Federal level for Free Speech rights for ALL Americans, and they are determined to fight back and ensure this doesn't happen to anyone else. 


Your financial support to win this politically-phenomenal and precedent-setting legal battle is critical as Robert and Joeylynn hold the left accountable for weaponizing the judicial system against average Americans and keep Free Speech free for everyone.


The Mesaroses have an optimistic attitude amidst the oppression as they believe God has called their family to boldly stand up in the face of tyranny to maintain our God-given freedoms for generations to come. They expect to ultimately see a victory for Americans' First Amendment rights. Thank you for your prayers, financial contributions, and for joining the fight to defend Free Speech.

Recent Donations
Show:
Cristi Erickson
$ 47.00 USD
13 hours ago

I finally got some money so I could financially help you. May the Lord give you far more than you hope for, shaken, pressed down, and running over.

TessMo
$ 20.00 USD
4 days ago

Stay strong, praying for you!!

James Caldwell III
$ 5.00 USD
7 days ago

Alu Axelman
$ 5.00 USD
11 days ago

Keep up the good fight, stay strong, and ALWAYS stand up for what is right and support freedom of speech, expression, and protest!!

Lindy
$ 15.00 USD
12 days ago

God bless and good luck against the weaponizing of Free Dpeech!!

Anonymous Giver
$ 100.00 USD
16 days ago

Anonymous Giver
$ 20.00 USD
19 days ago

I’ve just learned this from the Dinesh D’Souza podcast. Thank you for fighting for the free speech for all Americans. God bless you.

Anonymous
$ 20.00 USD
25 days ago

Thank you for persevering in the fight.

Anonymous Giver
$ 100.00 USD
26 days ago

This is from Judy and me. It was sent with prayers!

molly morris
$ 50.00 USD
1 month ago

Jason Irish
$ 10.00 USD
1 month ago

Anonymous Giver
$ 25.00 USD
1 month ago

Demand your recompense from God for all the injustice you have suffered - He will reward you at least 7 times. So very sorry for all the trauma you have been through - and you need to allow yourself to recover from such vicious illegal attacks - Patriot Academy coach :) God is with you!!

Anonymous Giver
$ 100.00 USD
1 month ago

I love & respect you so, sister in Christ and sister in the fight. My boys and I will hold you in our prayers. What a great example you are to us at such a time as this in the spiritual battle our nation is facing & it's true warriors are facing.

Larry and Pat Thornhill
$ 100.00 USD
1 month ago

So honored to give to you and your fight for OUR Free Speech !!

Chris and Bobbie Jo King
$ 25.00 USD
1 month ago

Lives, Fortunes, and Sacred Honor

TessMo
$ 20.00 USD
1 month ago

Stay strong, praying for you!!

James Caldwell III
$ 5.00 USD
1 month ago

Anonymous Giver
$ 100.00 USD
1 month ago

Thank you for standing up and fighting for all of us!

Joe Flo
$ 25.00 USD
1 month ago

Thanks for fighting for our Free Speech and the for standing up to the hatred of evil people seeking to take it away from us!

Alu Axelman
$ 5.00 USD
1 month ago

Keep up the good fight, stay strong, and ALWAYS stand up for what is right and support freedom of speech, expression, and protest!!

Updates

TRIUMPH: NOT GUILTY + Next Steps

September 26th, 2024

Jury Trial Vindicates Trump Train Participants Targeted by Democrat Lawfare.

Texans sued by Democrats for participating in a 2020 Trump Train were finally vindicated after enduring three plus years of “lawfare” targeting conservatives engaging in political free speech.

Following a two-week trial in a federal court in Austin, a jury delivered “not liable” verdicts Monday for five of the six defendants: Joeylynn and Robert Mesaros, Randi and Steve Ceh, and Dolores Park.

A sixth defendant, Eliazar Cisneros, was found liable but intends to appeal.

The plaintiffs claimed the Trump Train participants conspired to intimidate Democrats from voting for Biden and Harris.

The defendants maintained they were exercising their First Amendment-protected right to free speech.

“After four years of lawfare, justice prevailed,” defendant Joeylynn Mesaros, a homeschool mom from New Braunfels, said following Monday’s verdict. Mesaros told Texas Scorecard Tuesday, “Everyone’s free speech went on trial before the jury. It had very little to do with us—we were just the placeholder for the American people. Thankfully, the jury upheld Constitutionally protected free speech rights and justice prevailed. The fight is far from over, but we are celebrating a huge win for everyone!"

“This jury verdict is a complete vindication of my clients and a spectacular failure for the plaintiffs,” attorney Jerad Najvar, who defended the Mesaroses, told Texas Scorecard.

“While the plaintiffs sued us for ‘intimidation,’ it was the plaintiffs and their ideological lawyers who tried to scare conservatives away from expressing support for the candidates of their choice,” said Najvar. “They tried to game the judicial system and use it as a weapon against political opponents.”

According to Najvar, the plaintiffs “deployed more than 30 lawyers for this case from Willkie, Farr & Gallagher, Protect Democracy, and Texas Civil Rights Project, and must’ve spent millions.”

He said the plaintiffs also hired a sociologist as an expert witness “who claimed all the defendants had political views ‘outside the mainstream’ and engaged in ‘extremist collective action’ like they were some kind of white supremacists.”

Najvar also stated that Judge Robert Pitman “watered down the protections of the First Amendment” in his description of the law for the jury, “effectively granting far too much leeway for the plaintiffs to claim ‘injury’ from what was really just a political rally.”

“Despite all this, the jury saw through the deception,” he said. Najvar added that while the verdict goes a long way toward restoring his clients’ reputations, “it doesn’t go far enough.”

“Our next step will be to seek reimbursement for attorneys’ fees and sanctions for the plaintiffs’ lawyers’ unethical conduct in this case, including their failure to disclose the identities of other drivers on the road whom the plaintiffs had apparently identified even before filing the case,” said Najvar.

“This is not over.”

- Texas Scorecard | Erin Anderson

Update TRIUMPH: NOT GUILTY + Next Steps Image
Trial is Underway | Plaintiff's Own Evidence Already Supports OUR Side of the Story

September 10th, 2024

“The trial is underway. Two days in and the plaintiffs have begun presenting their key witnesses, including a traffic expert. As we anticipated, their own evidence is supporting our side of the story. The facts emerging in court are painting a starkly different picture from the misleading narrative that the plaintiffs and the media have pushed for the past three years.” Attorney Jerad Najvar stated, "My clients have faced unjust attacks for years because the plaintiffs and their attorneys twisted video clips out of context. During opening arguments, I assured the jury that we will reveal the full story, and the plaintiffs' own evidence will ultimately prove our case." 

Thank you for praying fervently over us. We can decisively feel the supernatural joy and strength which is a direct result of your intercessions. Otherwise, the peace we have is unexplainable.. We believe we will win at trial but fear the plaintiffs will keep appealing because the point for them isn't the truth - it's intimidation. We are still fundraising diligently as we need the continued legal defense to fight to the end and defend everyone's rights, not just ours. 

Any amount you can give is crucial. Will you support us once more?
-Robert, Joeylynn and Jude Mesaros
Update Trial is Underway | Plaintiff's Own Evidence Already Supports OUR Side of the Story Image
OUR 9/9 TRIAL is OPEN to the PUBLIC. Here are some things to know if you plan to attend.

August 18th, 2024

FOR ANYONE WISHING TO ATTEND THE TRIAL:

"The jury trial is open to the public and seating is first-come first-served. It will begin with opening arguments Monday 9/9 at 8:30 am in the US Courthouse at 501 W. 5th St, Austin (Courtroom 4).  I expect trial to continue M-F through at least 9/20, and possibly into the next week. We will assert fundamental constitutional rights against this cynical abuse of the justice system.

Trial begins Monday, 9/9/24, in Austin federal court for my clients, Robert and Joeylynn Mesaros, who are standing up against an abusive lawsuit brought by operatives from the 2020 Biden-Harris Campaign that threatens everyone's 1A rights. The Biden Bus plaintiffs claim that the Mesaroses (and others who drove in a "Trump Train" on I-35 in Oct 2020) violated the 1871 Act because the plaintiffs felt intimidated by the Trump vehicles. 

The Plaintiffs' theory of the 1871 Act cannot, and will not, prevail. The Mesaroses had as much right as the Biden Bus to go out on the highway with campaign messages displayed on their vehicles. They never conspired to do anything other than express their campaign preferences with other Trump supporters. I'm proud to represent the Mesaroses, who, from the very beginning, have refused to be intimidated. Instead, they have recognized the importance of this fight and we are in it to the end, including, if necessary, a trip to the Supreme Court. Because everyone's rights are at stake."

-Jerad Najvar, Najvar Law Firm LLC

Update OUR 9/9 TRIAL is OPEN to the PUBLIC. Here are some things to know if you plan to attend. Image
Join us for 30 Days of Prayer as we Countdown to Trial 9/9/24

August 10th, 2024

Can we count on you to join us over the next 30 days as we prayerfully prepare for trial 9/9/24? We will post a daily prayer and a Bible verse on our website (www.FreeSpeechDefender.com, click the "30 Days of Prayer") as we countdown for trial. We ask you to follow along in prayer with us there!

Across America, we will join together in prayer as we cover the families and individuals experiencing the abuse and weaponization of lawfare against average Americans for simply daring to speak up. We trust in the Lord for full truth to be brought to light as we walk boldly in His victory.

“Because he loves me,” says the Lord, “I will rescue him; I will protect him, for he acknowledges my name. He will call on me, and I will answer him; I will be with him in trouble, I will deliver him and honor him. With long life I will satisfy him, and show him my salvation.” Psalm 91:14-16

Update Join us for 30 Days of Prayer as we Countdown to Trial 9/9/24 Image
KEY PLAINTIFF TRIES TO DROP THE CASE WITH ONLY 2 MONTHS 'TIL TRIAL

July 4th, 2024

KEY PLAINTIFF TRIES TO DROP THE CASE AGAINST US WITH ONLY 2 MONTHS UNTIL OUR TRIAL. We ardently object to this. After enduring nearly 4 years of abuse, defamation, and infringement on our constitutional right to free speech, we are not just walking away now. The American people have generously invested in our legal defense to see a victory, to ensure accountability for this lawfare, and with the guarantee that we will take this all the way to the Supreme Court if we need to. Therefore, we will stay the course and wholeheartedly object to anyone bailing out, especially now.

Our attorney Jerad Najvar with Najvar Law made the following statement: "The lead plaintiff, Dr. Eric Cervini, wants to drop the case. We've been through 3 years of expensive, ridiculous discovery (and litigation). The fact that he wants to drop the case, given that from the moment they filed the case, they went straight to the media and painted my clients and the other Trump Train drivers that day as white supremacists and members... you shouldn't be able to walk away scot-free 2 months before trial. So we will object to his attempt to bow out at the last minute. We're looking forward to going to the trial and for the facts to come out. This is the dam breaking, all the facts are coming out and this whole thing is going to explode in their face. There will be a lot of updates coming up in the next few weeks as we approach trial 9/9/24, so stay tuned for updates in this case."

To quote Dr. Simone Gold, we "have been hired by We the People to defend free speech rights", and we are staying the course, even though the plaintiffs tried to exhaust us with the lengthy and expensive process, they filed a motion trying to force us to settle (which we fought and defeated), and they are now are trying to drop out. We are persisting because a win for us is a win for you. 

On this Independence Day, we celebrate the emancipation from tyranny and take time to truly value the freedom that comes from God through Christ Jesus, which was established in America in the founding of our nation, and defended by the men and women who have bled and died to preserve it. May God bless you and keep you encouraged.

Sincerely,

Robert, Joeylynn and Jude Mesaros

Watch a quick video regarding this update here: https://www.instagram.com/p/C9Ak3msOfQG/

Update KEY PLAINTIFF TRIES TO DROP THE CASE  WITH ONLY 2 MONTHS 'TIL TRIAL Image
Trial POSTPONED for the 3RD TIME to 9/9/24

June 12th, 2024

Our trial which was scheduled to begin 6/10/24 has been rescheduled for the third time to 9/9/24. The finish line continues to be pushed back, but we trust God's timing! Speaking of, we are riding the wave of the recent viral news coverage that has been surging through social media this last week. You may have seen us featured on Real America's Voice, The Charlie Kirk Show featuring Kari Lake telling our story, on Breitbart, and on podcasts like Tina Peter's Show, and The Gold Report with Dr. Simone Gold. One of our videos was also shared by Libs of TikTok (a Conservative whistle-blower social media account) which received over 2 MILLION VIEWS and was retweeted by Texas AG Ken Paxton and Congressman Chip Roy! It is evident that grassroots efforts are the fuel in our tank to keep this fight going strong! We recognize that is thanks to people like you, through God's perfect Providence, that we are able to persist. Thank you for your continued prayers, for sharing our story with your friends, and for discussing this issue with your family around the dinner table. We look forward to bringing a victory home for We the People soon.

Update Trial POSTPONED for the 3RD TIME to 9/9/24 Image
They tried to FORCE us to SETTLE! We REFUSED and seek vindication at trial in June

April 18th, 2024

DID YOU KNOW: The Plaintiffs tried to force us into settling. We filed with the court that we would NOT be settling because we did nothing wrong, the lawsuit is abusive, and we will “not allow Plaintiffs to establish a legal precedent to intimidate people into giving up their rights.” Thankfully, The court denied their request to force us into mediation. We REFUSE TO SETTLE OR APOLOGIZE for exercising our basic rights. Rather than taking the easy path, we choose to put it all on the line to stand for what’s right, even if it means we are black and blue. We promise to always be good stewards of the money you donate and to use it to fight ALL THE WAY to a victory. We expect the very "evidence" they plan to use against us in trial to be the very evidence that vindicates us, and we look ahead with anticipation and eagrness. The fight to defend Free Speech continues as we head to trial in June 2024 nearly 4 years later.

Update They tried to FORCE us to SETTLE! We REFUSED and seek vindication at trial in June Image
Robert and Joeylynn go to CPAC!

March 5th, 2024

Thanks to 3 generous donors who covered our airfare, lodging, event tickets, and meals, our family was able to attend CPAC 2024 (the annual Conservative Political Action Conference) in Maryland where God made it possible for us to tell our story in the most unbelievable ways. We were featured on Steve Bannon's War Room, on Real America's Voice with Ben Bergquam and also with Dr. Gina, on Right Side Broadcasting Network with Brian Glenn and Vanessa Broussard, on Mike Lindell's Frank Speech TV with Sharrona Bishop, and on Tenet Media with Tayler Hansen! Since interviewing with these platforms, our clips have received a combined 2+ million views! This is a HUGE deal for us to get the story out and receive financial and prayerful support across America. Additionally, our fundraiser is up over $5k since attending the annual conference. We are very encouraged as we head to trial in June 2024, fully equipped and fighting for truth. Our fight is your fight. And we will not stop fighting for you 🤝🇺🇸💥

A GIANT THANK YOU to Lisa, Aaron, and Trisha, our sponsors and donors for CPAC 2024. Without you, this would not be possible. 🙏

Update Robert and Joeylynn go to CPAC! Image
🚨⚖️ 5th CIRCUIT RULING: DENIED, Mesaroses Head to Washington D.C.

December 3rd, 2023

A panel of judges at the Fifth Circuit Court of Appeals has already cast substantial doubt on the Democrats' abusive lawsuit against us, calling Plaintiffs' claims "unprecedented" and "breathtaking," and basically invited the federal district judge to allow an immediate appeal to test the Democrats' legal theories. Unfortunately, the district judge denied our request for an immediate appeal a second time this month.

After the federal district judge denied our motion requesting to appeal to the Fifth Circuit Court (to have our trial heard immediately in an attempt to circumvent the abusive and unfair lawfare we are experiencing in the district court) we reopened our request with the Fifth Circuit Court and asked them to force the appeal through anyways. The Fifth Circuit denied our request to force the appeal now, but went out of its way to note that our arguments against Plaintiffs' abusive use of the law are "compelling," and would have to be reviewed after trial by jury in federal court.

Our attorney, Jerad Navjar with Navjar Law Firm, says, “I think the Fifth Circuit should have forced an appeal now; their reticence to do so points up a serious problem with the procedure for these kinds of appeals (before final judgment). But given the ruling, we will now proceed with preparations for trial in Summer 2024.

He goes on to say, “The facts will you out of the water. Unfortunately, I can't tell you about the most interesting items we've discovered in the case, because the court has issued a gag order. We're looking forward to deposing the Plaintiffs under oath this month.” 

Our little family of 3 is packing our bags as we prepare to head to Washington D.C. for plaintiff depositions.

Now that we're heading toward trial, look for more updates. The Plaintiffs' lawsuit is a brazen abuse of judicial process intended to intimidate Conservatives. We won't let Biden partisans and big money from the Left (with their 20+ lawyers) scare us away from speaking up for the Truth.

Update 🚨⚖️ 5th CIRCUIT RULING: DENIED, Mesaroses Head to Washington D.C. Image
We are THANKFUL for YOU!

November 24th, 2023

This Thanksgiving we are most thankful for YOU!! Our hearts are swelling at the love y’all have poured out on us these last 3 years! It is only because of you that we have made it this far in our battle to defend free speech rights at the federal level of the United States court system. It’s because of you that we can, and will, keep going.

What we never imagined possible with raising enough money to legally defend ourselves, God has made possible thanks to your generosity. Our court date has been rescheduled for June 2024 and we have nearly raised enough funds to make it to trial. Thank you for giving us a fighting chance!

There have many. obstacles, setbacks, worries and stressors - but the support we have received from the American people outweighs them all, keeping us encouraged. We are eager to achieve a victory for We the People and await God's timing with hopeful hearts.

Happy Thanksgiving from our family to yours. We are praying God’s immense blessings and favor over you and yours.

"Give thanks to the Lord! Make his doings made known among the peoples." Psalm 105:1

Update We are THANKFUL for YOU! Image
BREAKING: San Marcos P.D. SETTLES Lawsuit + Undergoes "Political Violence Training" Following 2020 Biden Bus Trump Train - Mesaroses VOW TO KEEP FIGHTING BACK.

October 24th, 2023

The city of San Marcos and three of its police officials, Chase Stapp, Brandon Winkenwerder, and Matthew Daenzner, SETTLED the Cervini v. Stapp case involving egregious allegations that they "failed to appropriately respond" to last minute calls from campaign staffers on the Biden Bus for a police escort when they drove through San Marcos on Interstate 35 while a Trump Train drove alongside them. 

Despite the fact that the same nonprofits funding the lawsuits (both against individual Americans including the Mesaroses, and separately the City of San Marcos) campaign to defund the police, they expected the police to provide an escort on a mere moment's notice. Police staff advised occupants of the bus that they didn't have enough patrol cars available for a last minute escort, but if a situation escalated they would respond. 

Media outlets falsely claim the Trump Train attempted to "ambush" the bus, lie claiming they "swerved into" the bus, "assaulted Biden-Harris supporters" and, parroting Biden, even claim they "ran it off the road." None of which ever happened. What the media consistently fails to report on truthfully is that the Biden Bus itself was speeding up, slowing down and changing lanes unpredictably without turn signals. As a result, the Biden-Harris Campaign Staffer following the bus in the notorious white car side-swiped a Trump supporter's vehicle from negligent and aggressive driving. This however didn't stop plaintiffs from fabricating a tale of emotional damage resulting from this day and sued San Marcos P.D. for not responding to their calls as desired.

Now, nearly three years later, the San Marcos Police Department has "admitted to falling short of its own policing standards", they have instituted mandatory "political violence" training for all officers, and have agreed to pay a total of $175,000 in damages to the Plaintiffs whom they claim they "failed to protect". It's apparent that they moreso need training on the Constitution and Freedom of Speech. Our Founding Fathers are rolling, no doubt, to see this city take the path of least resistance at the expense of the American people who they swore an oath to defend.

This is an incredibly disappointing failure to stand for American's basic rights to Free Speech and regrettably sets the precedence that government officials are now easily able to weaponize the law against municipalities, police departments, and worse, average Americans, simply when their feelings are hurt, bankrupting individuals and taxpayers who stand in their way. 

For Wendy Davis, one of the Plaintiffs suing the San Marcos PD, her very own voter base and would-be constituents are left footing the bill for this frivolous abuse of the legal system as she was running for Congress at the time of the incident. Had she not miserably lost to Chip Roy, she would be representing these very same tax-payers who she is exploiting via lawfare. It was the City of San Marcos's job to uphold the Constitution and they failed in a cowardice display of apologetics, bowing to the woke mob. 

Robert and Joeylynn, along with only a couple of other freedom-loving defendants remaining, will stand alone to defend Free Speech Rights and give all they have to do what the San Marcos Police Department should have done: stick it out to the end to ensure a victory for the First Amendment.

Update BREAKING: San Marcos P.D. SETTLES Lawsuit + Undergoes "Political Violence Training" Following 2020 Biden Bus Trump Train - Mesaroses VOW TO KEEP FIGHTING BACK. Image
We will NOT settle - we will see VICTORY.

May 3rd, 2023

Have you seen the news articles claiming "Trump Train Participants Settle Lawsuit with Apology"? Let's be VERY CLEAR: WE DID *NOT* SETTLE. If anything, we’re doubling down. We are still fighting to defend free speech and aren’t throwing in the towel, whatsoever.  

Our attorney says it best: “Let's put this in context. The two defendants who settled had no legal representation. But, just as my clients, they were facing about 20 lawyers from Washington and DC with unlimited resources from liberal donors, seeking to financially ruin them with a federal lawsuit. The Biden Bus lawyers cynically leveraged their raw power against unrepresented, young defendants. It seems clear to me that Plaintiffs' lawyers carefully crafted the settlement statements with the intent to use them against the remaining defendants.

However, my clients will not be intimidated. The Biden Bus paraded down I-35 as a moving billboard, and my clients simply drove along in the vicinity flying Trump flags. That's not a federal offense, it's protected political association and speech. But it was tremendously embarrassing for the Biden bus, so they are abusing the court system to stretch the law and intimidate opposition.

Wendy Davis and the Plaintiffs have about 20 lawyers and mounds of cash, but we have the law. If they had a few more lawyers, it might be an even fight.”

- Jerad Najvar, Najvar Law Firm

The plaintiffs continue their efforts to fabricate a frivolous story to uphold this malicious lawsuit filed against us under the KKK Law of 1871, claiming we premeditated a plan to suppress minority voter rights by merely flying Trump flags next to the Biden Bus. Shocking, really, as many of us present that day are minorities ourselves. 

As others around us are being pressured to concede, it is more important than ever that we continue fighting to see a victory for 1A rights. We stand firm in defending Americans’ basic freedoms and urge you to join us. Please donate $5, $25, $50, $100, $500 or $1,000 now! 

Update We will NOT settle - we will see VICTORY. Image
First Amendment Rights Threatened by Democrats’ Novel Lawsuit Stemming from 2020 Texas Trump Train

March 27th, 2023

New Braunfels couple - sued by Democrats for driving with Trump flags - seek dismissal of lawsuit in defense of basic liberties

HOUSTON, TEX. - In July 2021, Joeylynn and Robert Mesaros, a married couple from New Braunfels, were served with a lawsuit. Former Texas Senator Wendy Davis and three Democratic operatives and contractors involved in the Biden Presidential campaign had sued the Mesaroses in federal court in Austin, along with several other Trump supporters, alleging civil conspiracy and civil rights violations. The basis for such sensational claims? The lawsuit targets the Mesaroses and the other defendants for their participation in a Trump Train event in October 202o, expressing their support for President Trump’s re-election as the Biden bus traveled through central Texas.  

Wendy Davis and the other plaintiffs are represented by no fewer than ten attorneys, primarily from New York City and Washington, D.C. Najvar Law Firm PLLC (NLF), of Houston, Texas, was retained by the Mesaroses.

This month, the Mesaroses filed a second motion urging the district court to dismiss the case outright, explaining that the Democrats’ novel legal theory would upend settled First Amendment law and chill the completely legal and non-violent speech of conservatives.

“This lawsuit is an egregious abuse of the judicial system,” said NLF principal attorney Jerad Najvar, an experienced litigator who has focused for more than a decade on constitutional, and especially First Amendment, litigation for conservatives. “As I said in our initial statements, the whole case is founded upon the plaintiffs’ attorneys’ pitiable lies and exaggerations, and their own evidence refutes their central factual claims,” Najvar said. The Epoch Times reported on the case last year, with further discussion of the underlying facts. NLF will be discussing the factual aspects of the case in coming days, including the Plaintiffs’ own evidence which directly refutes the claims. “But the focus of our pending motion is the fact that settled First Amendment law forecloses the Plaintiffs’ novel claims as a matter of law, and therefore we are re-urging the court to dismiss the lawsuit,” Najvar said. 

 Plaintiffs’ lawsuit alleges a violation of a provision of 42 U.S.C. § 1985(3), known as the “Ku Klux Klan Act” of 1871, which essentially guards against interference with the right to vote. But Plaintiffs nowhere allege that anyone was intimidated or dissuaded from exercising their right to vote because of the Trump Train on October 30, 2020. Instead, the claim is that the Trump Train drivers intimidated the Biden campaign surrogates and workers while they were in the act of offering “support or advocacy” to Biden as the bus traveled to Austin on I-35.

“My clients were sued for nothing more than driving along I-35 with their Trump and other political flags proudly displayed on their vehicle, which they have the clear right to do,” said Najvar. Because there is no claim of interference with actual voting activity, the Plaintiffs’ theory relies solely on alleged interference with rights protected under the First Amendment – but proving a violation of First Amendment rights would require proof of government involvement in the Plaintiffs’ imaginary conspiracy to intimidate. The Mesaroses are not government agents. They are not officials, but normal citizens who had the temerity to show their support for Trump in 2020 as Biden surrogates apparently claimed the sole right to campaign on I-35 in the vicinity of their massive bus. 

 In a 1983 case interpreting the statute at issue, the Supreme Court held that where (as here) there is no claim of interference with anyone’s ability to register to vote or actually vote, alleged interference with “support or advocacy” is a claim arising solely under the First Amendment, and therefore requires state involvement. United Brotherhood of Carpenters v. Scott, 463 U.S. 825, 830 (1983). Lacking any state involvement here, the Plaintiffs’ claim fails as a matter of law. The Supreme Court specifically warned against interpreting Section 1985(3) to support “the claim that a political party has interfered with the freedom of speech of another political party by encouraging the heckling of its rival’s speakers and the disruption of the rival’s meetings,” because the federal courts cannot be “monitors of campaign tactics.”

“The Plaintiffs here seek to do exactly what the Supreme Court warned against in Carpenters,” Najvar said. “Plaintiffs are sophisticated and know exactly what they’re doing – this lawsuit is an attempt to silence political opposition by intimidation through the court system. It cannot succeed.” Najvar is not the only one saying so. Lackland Bloom Jr., professor of constitutional law at SMU’s Dedman School of Law, told The Epoch Times that he believes the case will ultimately be dismissed.

Najvar has prevailed in constitutional lawsuits against the Federal Election Commission, the Food and Drug Administration, the Texas Ethics Commission, the cities of Houston (twice), Austin, and Stafford, and Bexar and Hidalgo Counties in Texas. He has argued constitutional cases in the Texas Supreme Court, Texas’s First and Fourth Courts of Appeals, and in the United States Courts of Appeals for the Fifth, Ninth, Eleventh, and D.C. Circuits.   

The motion to dismiss Plaintiffs’ amended complaint is currently pending and awaiting a ruling from the court. The case is Cervini v. Cisneros, No. 1:21-cv-00565, in the U.S. District Court for the Western District of Texas, Austin Division.

Najvar Law Firm, PLLC, based in Houston, focuses on litigation and appeals in election and constitutional matters. NLF has successfully litigated several constitutional cases, including serving as co-counsel to Plaintiff Shaun McCutcheon in McCutcheon v. FEC (2014), in which the U.S. Supreme Court struck down the federal aggregate limits on campaign contributions under the First Amendment.

Statement made by Attorney Jerad Najvar with Najvar Law Firm, Political Law, Ethics, Litigation and Appeals, representing Robert and Joeylynn Mesaros

Update First Amendment Rights Threatened by Democrats’ Novel Lawsuit Stemming from 2020 Texas Trump Train Image
Court Date Set & Fundraising Goal Increased to $300,000

March 7th, 2023

Despite Robert and Joeylynn's best efforts to get this frivolous lawsuit dismissed, the Obama-appointed judge has ruled the couple will go to trial by jury in Federal court. The judge has issued a court date of December 11, 2023, which will be a staggering 3+ years from the date they drove next to the Biden Bus. The nature of lawfare (which is defined as the use of legal systems to damage or delegitimize an opponent, or to deter individual's usage of their legal rights), results in very expensive legal fees as the legal processes are often dragged out for years. During the first 2 years of this lawsuit, Robert and Joeylynn spent over $100,000 merely trying to get the lawsuit dismissed and simply providing discovery documentation. The couple's attorney has counseled them that the lawsuit could exceed half a million dollars in legal fees alone, if taken all the way to the U.S. Supreme Court. Robert and Joeylynn continue to hold the line for free speech rights at the federal level for all Americans and need your financial support to stay in the fight. They have raised their current goal to $300,000 in order to be financially equipped to make it through the trial and to ensure a victory defending our 1st Amendment rights.

Robert and Joeylynn maintain a winning mindset despite the lack of resources from over 50 non-profits who claim they defend 1st Amendment rights but have denied the couple's applications saying they only specialize in religious freedoms under the 1st Amendment. Additionally, local and state politicians have show time and time again their reluctancy to join the fight to defend free speech with Robert and Joeylynn, despite multiple attempts to recruit their help over the last 2 years. Robert and Joeylynn believe that "silence in the face of evil is evil itself.", and humbly thank you for your bravery in joining their fight and making it possible for them to stay in this battle - both financially and prayerfully.

Robert and Joeylynn want you to know that, "it will be because the American people alone have funded this fight that our impending victory is even possible. God alone will receive the glory and no one man or organization will be able to take credit for it. Together, with We the People, we are passionately defending our most basic God-given rights. Thank you for your staunch support!" 

Update Court Date Set & Fundraising Goal Increased to $300,000 Image
Robert and Joeylynn achieved a BIG WIN for Free Speech rights in their hometown!

October 13th, 2022

One of the biggest exercises of free speech that we have ever assembled - all thanks to our volunteers, sponsors and supporters!! (Thanks also to the politicIans suing us for exercising free speech, which only lit the fire to go even harder!) 


"It was a great day in New Braunfels for our clients Joeylynn and Robert Mesaros, whose “Biden is the Wurst” float was a huge hit in the Comal County Fair Parade. The float was a project of FreeSpeechDefender.com. But a “complaint” from someone to the Comal County Fair Association threatened to derail their participation. The CCFA told the Mesaroses a week before the parade that, despite having a “political” float category available at sign up, they wouldn’t be able to parade because their slogan was “negative” toward Biden. We quickly explained to CCFA that as a 501c3, if it was going to invite “political” floats, it couldn’t favor one side or another, and the fact that some might be offended by a message against Biden couldn’t justify denying them entry. 

To their credit, CCFA dropped its opposition and the float was a huge success. But it’s a shame that the Comal County Fair Assoc was initially ready to capitulate to some complainant, when Biden’s lies and incompetency and downright evil policies (including supporting abortion on demand to birth) are inherently offensive themselves to any fair minded person. Maybe one day more of our officials and leaders will actually defend virtue and truth rather than simply managing the degeneration of our culture."

- Jerad Najvar, Najvar Law Firm, LLC, representing clients Robert and Joeylynn Mesaros


Needless to say, free speech prevailed! It’s so important to KNOW YOUR RIGHTS. Know them so that when people infringe on them you can call it out and expect them to respect you and treat you with equality and justice. Stand firm in demanding your fair treatment and don’t be afraid to speak up when you’re being censored. If we hadn’t pushed back they would have happily, and easily, squashed us. 

But not this time.

We are getting sued for exercising free speech, then aren’t getting help from elected officials or media to fundraise or cover the story, so we resort to our own efforts via word of mouth and creative marketing, then our own city’s fair association of predominately “conservative” members tried to censors us. You can’t make this stuff up. Wake up folks. This is America. This is Texas. We have to defend these freedoms to hand down to our children. Don’t just roll over and let them push you around because they don’t like what you have to say.

A HUGE thanks to our sponsors Patriot Cigar Company Topside Construction Hair By Eileen Any Margraves and Devan Brandalick Music for covering our expenses and decoration!! Everything came together beautifully!!


AND A BIG THANKS TO YOU FOR SUPPORTING OUR FIGHT TO DEFEND FREE SPEECH! GOD BLESS YOU!


-Robert and Joeylynn Mesaros

Update Robert and Joeylynn achieved a BIG WIN for Free Speech rights in their hometown!  Image
Update: Obama-Appointed Judge APPROVES Plaintiff's heinous request for a GAG ORDER to SILENCE Mesaroses

July 26th, 2022

Biden Bus Democrats and their lawyers RECEIVE the unconstitutional PROTECTIVE ORDER that they requested (which silences Robert and Joeylynn, preventing them from publicizing documents the plaintiffs turn over in the discovery phase of the lawsuit) as Obama-appointed Judge Pitman rules in Plaintiffs' favor of their request. First the Plaintiffs file a bogus lawsuit in federal court, then run from the facts as Defendants begin requesting basic information to be turned over as they progress through court.


Defendants' attorney, Jerad Najvar with Najvar Law Firm, LLC, notified the Plaintiffs, "I intend to seek sanctions for the misleading factual allegations in the complaint if they are not withdrawn."

Stay tuned and find out what these radical Democrats and their lawyers don't want you to see.
Update Update: Obama-Appointed Judge APPROVES Plaintiff's heinous request for a GAG ORDER to SILENCE Mesaroses Image
Update #5 WOW, WE ARE SO ENCOURAGED!! THANK YOU!!

April 19th, 2022

Our family is so encouraged by the HUGE outpour of support! We remember when we did not know where the first dollar would come from, and now to see our fundraiser hit 78% today is a humbling and beautiful thing. We are vitalized by the American people's determination to defend free speech with us!! God is on the move!! Thank you so much for your donations and prayers; they speak straight to our heart and keep us motivated on the hardest days.

In Freedom,

Robert Joeylynn and Jude Mesaros

Judge's ruling DENIES motion to dismiss lawsuit: Biden Bus Lawsuit GOING TO TRIAL in Federal court.

April 1st, 2022

WE ARE FINALLY ABLE TO POST AN UPDATE! (after 8 long months of waiting for a ruling, and spending approximately $50,000 in legal fees) Robert and Joeylynn received the dreaded and unfortunate news that the judge has DENIED their motion to dismiss the lawsuit. Judge Pitman and has ruled that they will GO TO TRIAL IN FEDERAL COURT before a jury of their peers.

The judge has not yet ruled on the protective order filed by the plaintiffs attempting to gag and silence them from speaking about the details of the lawsuit as they enter into discovery; however, it is up to his sole discretion if they will be silenced.

As Robert and Joeylynn progress through the judicial system, they have depleted the funds to defend themselves. Things will become increasingly more costly moving forward. Robert and Joeylynn do not wish to only be on the defense, but offensively fighting for American's constitutional rights and freedoms - they need your support and funds to do this properly. Thank you for your donation!

Robert and Joeylynn ultimately hope to be victorious in the end and plan to start a fund where they can financially equip other Americans in defending their God-given constitutional rights. 

Attorney Statement Re: Motion to Dismiss

August 28th, 2021


Mesaroses Move to Dismiss Frivolous Lawsuit by Biden Campaign Operatives and Surrogate Wendy Davis

Democrats' lawsuit alleges "intimidation" from October 2020 Texas Trump Train

In July, Joeylynn and Robert Mesaros, a couple from New Braunfels, were served with a lawsuit. Former Texas Senator Wendy Davis and three Democratic operatives and contractors involved in the Biden Presidential campaign had sued the Mesaroses, along with several other Trump supporters, alleging civil conspiracy and civil rights violations. The lawsuit targets the Mesaroses and the other defendants for their participation in a Trump Train event in October 2020, expressing their support for President Trump’s re-election as the Biden bus traveled through central Texas. The Mesaroses have now asked the court to dismiss all claims, and Plaintiffs have to respond by September 13.

Wendy Davis and the other plaintiffs are represented by no fewer than ten attorneys, primarily from New York City and Washington, D.C. Najvar Law Firm PLLC, of Houston, Texas, was retained by the Mesaroses.

“When the Mesaroses first called me, I immediately remembered the Trump Train from the day at issue here,” said NLF principal attorney Jerad Najvar. “I had seen events unfold on Twitter in real time, as Democrats shared a short video clip of an interaction between a white car and a black truck with a Trump flag, behind the Biden campaign bus. Democrats made the sensational claim that the Trump Train folks had tried to run the bus off the road and were driving aggressively.” “However,” Najvar continued, “for anyone with eyes to see, the longer video circulating on Twitter showed the real story. The Biden staffer in the white car had actually instigated the incident, trying to cut off the Trump truck. Democrats had edited the video to make the incident look like the Trump truck was the aggressor, where, in fact, the opposite was true.”

The black Trump truck in that incident was not driven by the Mesaroses. But the Democrats have made that interaction the centerpiece of a lawsuit claiming intimidation by the Trump Train drivers, and have sued a handful of drivers that they identified.

“The lawsuit proceeds just like the whole viral story began: based on a blatant lie,” Najvar said. “The Democrats have lied about what happened on that day and since then, and these lies have been repeated by lazy corporate media who fail to undertake the most basic inquiry into the facts. Now, Democrats and their partisan law firms have filed a federal lawsuit in Austin, seeking to weaponize the court system against conservatives, threatening the Mesaroses and others with massive financial damages claims.”

Earlier this month, NLF filed a motion to dismiss all claims against the Mesaroses. The Defendants have until September 13 to respond, and then the Court will either rule or will set the matter for a hearing. “The claims are baseless, legally and factually, and I expect them to be dismissed in full, not just against the Mesaroses but against all defendants,” Najvar said. “But we will not merely be seeking dismissal. The lawsuit is replete with lies and half-truths, and nobody should be allowed to get away with that. I plan to hold these Democrat plaintiffs and their attorneys accountable for this abuse of the court system and abuse of my clients’ time. So we will be filing additional documents soon, and demanding answers for these misleading claims.”

The case is Cervini v. Cisneros, No. 1:21-cv-00565, pending in the U.S. District Court for the Western District of Texas, before Judge Pitman in Austin.

Najvar Law Firm, PLLC, based in Houston, focuses on litigation and appeals in election and constitutional matters. NLF has successfully litigated several constitutional cases, including serving as co-counsel to Plaintiff Shaun McCutcheon in McCutcheon v. FEC (2014), in which the U.S. Supreme Court struck down the federal aggregate limits on campaign contributions under the First Amendment.
 
Update #2

August 10th, 2021

On Monday, August 9, 2021, Robert and Joeylynn's legal team filed a motion to dismiss the frivolous lawsuit and 'award the Mesaros's such fees, costs, or other relief as to which the court finds they are entitled'. Robert and Joeylynn remain optimistic, and refuse to be intimidated.
Update #1

July 18th, 2021

Robert and Joeylynn have both been served via hand delivery on Saturday, July 17, 2021. They have 21 days to respond. 

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