Can a private citizen be subjected to a smear campaign by government officials for merely questioning a politician? That’s the issue at the heart of the lawsuit on behalf of Joe Wurzelbacher, known to most as “Joe the Plumber.”

A federal district court (erroneously in our view) dismissed Joe’s claims. Judicial Watch lawyers have since filed an appeal for Mr. Wurzelbacher in the United States Court of Appeals for the Sixth Circuit.

Here is why we’re asking the appellate court to review the lower court’s decision, according to our brief, which you can read in its entirety here:

Ultimately, review of the issues in this case is important, not just to hold these state officials accountable for this abuse of their power and the harm inflicted on Mr. Wurzelbacher, but because it goes to the heart of free expression and political participation in this nation.

Private citizens should not have to worry whether their letter, phone call, or simple question to a political candidate will cause them to be targeted for investigation. Mr. Wurzelbacher and all Americans should have the freedom to openly participate in their government without fearing reprisal from partisan government officials.

Now let’s quickly review the facts of this lawsuit.

As you may recall, during the 2008 presidential campaign, Mr. Wurzelbacher was throwing a football with his son in the front yard of his home when then-candidate Barack Obama and his campaign entourage passed by. Mr. Wurzelbacher, an employee of a small plumbing business, was given the opportunity to ask Obama a question about his tax policies affecting small businesses. Obama responded by famously saying, “It’s not that I want to punish your success; I just want to make sure that everybody who is behind you — that they’ve got a chance at success, too. I think when you spread the wealth around, it’s good for everybody.”

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Last year’s landmark Supreme Court decision in District of Columbia v. Heller definitively settled the fact that the Second Amendment secures an individual right—not a collective one—to keep and bear arms. Yet that ruling applied only to the federal government (which oversees Washington, D.C.). Does the Second Amendment apply against state and local governments as well?

Through a series of legal decisions handed down over the past century, the Supreme Court has gradually held that most of the protections in the Bill of Rights apply to the states via the Fourteenth Amendment, which declares, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.” The Second Amendment, however, has been glaringly absent from this process, leaving state and local governments free to systematically violate gun rights.

Until now.

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