How v. City of Baxter Springs, Kan.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

On April 20, 2005, plaintiff filed his corrected first amended complaint in which he alleged four separate causes of action against the City of Baxter Springs (“Baxter Springs”), Donna Wixon, the city clerk of Baxter Springs, and Robert E. Mays, the city attorney of Baxter Springs. In count II of the amended complaint, plaintiff alleges that Baxter Springs Ordinance Number 762, Article 3, Section 3.9a (“the criminal defamation ordinance”), which criminalizes some defamation, is unconstitutional because it violates plaintiffs First and Fourteenth…