Linthicum vs. Wagner, decided by Judge Ann Aiken of the U.S. District Court for Oregon, addresses the recent problem of state senators walking out.
An Oregon Senate walkout lasted from May 3 to late June 2023, resulting in more than ten unexcused absences by ten state senators, and Measure 113 disqualified the officials from seeking reelection. A petition was filed with the Oregon Supreme Court to challenge this disqualification.
A temporary injunction moved by the Senator Plaintiffs to determine if the walkout was constitutionally protected activity, was dismissed by the court. In conclusion, it was found that the use of legislative walkouts are not protected by the First Amendment’s free speech clause. So, plaintiffs could not establish a probability of success on their retaliation claim.