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Hillsdale Councilmember’s Policy to Prevent Vulgar Books in Children’s Section Causes Threat of Defamation Lawsuit — Thomas More Law Center Rushes to His Defense

February 18, 2026 by TMLC

Ann Arbor, Michigan — Hillsdale Councilmember Joshua Paladino has been threatened with a defamation lawsuit after he questioned Library Board nominee, Eric Moore’s ambiguous commitment to the regulation of books in the children’s section dealing with violence, vulgarity, or sexuality.  The Thomas More Law Center (“TMLC”) today, announced it is representing Councilmember Paladino.  TMLC is a national nonprofit public interest law firm based in Ann Arbor, Michigan.

Moore initially demanded that Paladino publicly retract his comments and pay him $25,000 for the loss of reputation or he would sue both Paladino and the City of Hillsdale.  Paladino is married with two young children and a graduate of Hillsdale College.

Responding to Moore’s threat, Paladino stated: “I don’t know what the City Council will do, but I will not be bullied into silence or retract my constitutionally protected comments.  Evaluating nominees for public boards is part of my sworn legislative duty.  The people of Hillsdale deserve honest debate, not political intimidation.”

Indeed, in Bogan, et al. v. Scott-Harris, 523 U.S. 44 (1998), Justice Clarence Thomas writing the opinion for a unanimous Supreme Court, held that local legislators are entitled to absolute immunity for their legislative activities.

The threat arises from comments Paladino made on January 20, 2026, during a public meeting of the Hillsdale City Council while debating the qualifications of Eric Moore to sit on the Library Board.  Councilmember Paladino, who currently sits on the Board, raised his policy concerns about Moore’s ambiguous commitment to keeping vulgar books and sexual books out of the children’s section — precisely the type of scrutiny voters expect from their elected representatives.

The threatened lawsuit was clearly intended to intimidate and silence an elected official during the performance of his official duties.

Although Moore was invited to attend the January 20th meeting, he never appeared.  Nevertheless, the City Council approved his nomination by a 6-3 vote.

Debate over public appointments is a quintessential legislative function.  Courts have repeatedly affirmed that statements made by councilmembers during official deliberations are protected by legislative immunity and the First Amendment.

TMLC President and Chief Counsel, Richard Thompson, commented:

“It is somewhat ironic that this controversy over free speech is occurring in the governing body of the location of Hillsdale College, a national citadel of free speech.”

The Thomas More Law Center has formally responded to the continuing defamation threats and stands prepared to vigorously defend Joshua Paladino.

 

The Thomas More Law Center, a national nonprofit public interest law firm based in Ann Arbor Michigan, is committed to upholding American values rooted in Judeo-Christian heritage protecting free speech and religious freedom, the sanctity of life, and a free and independent United States.  It does not charge for its services.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

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