VICTORY! Court dismisses Trump appointee's speech-chilling lawsuit against Idaho conservation officer

BOISE, Idaho, Jun. 29, 2026 — An Idaho conservation officer represented by the Foundation for Individual Rights and Expression has been liberated from a years-long, speech-stifling defamation lawsuit from a now-top U.S. Department of Agriculture official.

In a Friday ruling, an Idaho district court dismissed tech magnate Michael Boren’s lawsuit against retired conservation officer Gary Gadwa after he “failed to show good cause” to avoid dismissal. 

“I’m grateful to see the court dismiss this attack on my constitutional right to express my opinion about matters affecting my community,” said Gary. “I look forward to continuing to spread the word about protecting the natural beauty of the Sawtooth and Salmon River country.”

“The district court’s ruling is a victory not just for Gary, but for the freedom of everyone to speak up about important public issues without being dragged into court for years over it,” said FIRE Deputy Director of Litigation JT Morris.

The co-founder of Clearwater Analytics, Boren was tapped by President Donald Trump in 2025 to serve as under secretary for natural resources and environment at the USDA. That appointment raised eyebrows from some conservationists. Back in 2021, Boren had applied to receive a conditional use permit for a “designated county airstrip” on his Stanley, Idaho, ranch located within the federally protected Sawtooth National Recreation Area.

At the time, Boren’s application drew hundreds of public comments in opposition from locals, including Gary, a retired conservation officer and emergency medical technician in the Sawtooth area. Drawing on his nearly four decades of experience, Gary argued the airstrip would not serve future rescue operations and could negatively affect local wildlife.

COURTESY PHOTOS OF GARY FOR MEDIA USE 

Even though the county granted Boren his permit and the First Amendment squarely protected Gary’s speech, Boren sued Gary and dozens of other critics for defamation. Idaho’s 7th District Court dismissed Boren’s lawsuit in 2022, citing “the potential for a great chilling effect on constitutional rights . . . for all the members of the public who spoke on this issue.”

In 2024, the Idaho Supreme Court partially overturned the district court’s opinion and allowed Boren to file another amended complaint. But when it came time to litigate his claims, Boren dragged his feet. For 455 days, he did nothing to advance his lawsuit.

Finally, an Idaho trial court put an end to Gary’s five-year-long ordeal by dismissing Boren’s lawsuit for inactivity. The court held “the justifications” for keeping the lawsuit alive “asserted by Boren or Boren's attorney show nothing more than pure neglect of the case.”

Boren’s lawsuit was a clear example of a “SLAPP suit,” or a strategic lawsuit against public participation. SLAPP suits are often filed by wealthy individuals and organizations against ordinary people like Gary who can’t as easily afford to go through costly and lengthy litigation. The real purpose of a SLAPP suit isn’t to prevail in court on the legal merits, but to punish critics and chill the speech of others who might speak up on public issues.

At the time Boren filed his lawsuit, Idaho had no anti-SLAPP law protecting individuals facing a SLAPP suit. Given the threat to Gary’s First Amendment rights, FIRE stepped in to represent Gary, for free. Last year, Idaho legislators passed a new anti-SLAPP law that leveled the playing field, allowing defendants to file for expedited relief if a lawsuit is based solely on protected speech, and to obtain attorneys’ fees if they succeed.

“We’re thrilled that Gary prevailed in court, but not everyone has the resources to engage in years of litigation for protected speech,” said FIRE attorney Gabe Walters. “Other states should follow Idaho’s example and pass robust anti-SLAPP measures that defend Americans’ ability to criticize the powerful without fear of retaliation."

In addition to FIRE, Gary was represented by local counsel Patrick Bageant of Hollystone Law in Boise. Gary’s co-defendant was former Blaine County commissioner Sarah Michael, represented by attorney Michael Pogue of Gravis Law.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@fire.org