I don’t want to bury the lede here, but this post is really about why Democrats in AD72 should cast a ballot for Democrat Jordan Kirby for State Assembly.
The reasons are twofold; the make-up of the district, which is significantly red and requires a candidate who can reach moderate Republicans and independents, and Kirby’s personal history and backstory make him the most electable Democrat in the race.
Former NFL punter Chris Kluwe is also a Democratic candidate for AD72 and is a darling of a guest speaker at various Democratic clubs. His status as a former pro football player gets him easy access to media coverage, and there’s a lot to like about Kluwe’s opposition to the hard right HB City Council and his positions about the abuses of ICE in OC. And there’s stuff that is fairly concerning, regardless of political affiliation.
In short, there seems to be something “off” about Kluwe that suggests he’d get wiped out by either Huntington Beach city council member Gracey Vander Mark or former Assembly member Matt Harper in November 2026 should he ascend to the top two.
Running for office is not easy. It requires tough and thick skin. It also means being accountable for statements made in public or on social media. And it’s Kluwe’s First Amendment lawsuit that reveals he has neither.
To recap, Kluwe made an impassioned speech during public comments at a February HB City Council meeting where he denounced a MAGA-inspired plaque for the city’s Library. After speaking, he made his way towards the dais only to be and arrested by City police. Kluwe had warned them he was engaging in civil disobedience and went limp as officials carried him out of council chambers. There is a lot of admire about his actions here. I certainly did.
But nine days after the council meeting, Kluwe met with officials from Edison High School and was told he was being let go from his position as a freshman football coach. The HB Union High School District issued a press release citing posts from Kluwe’s social media they felt promoted violence. Kluwe had written “Stop fucking with the library. That’s what the City Council is doing. The library is great, as are the people who work there. Go fuck with the City Council. Find where they work and blow *those* places up.”
When I read that for the first time, I honestly thought he called for physical violence and that he meant use dynamite or C-4. But what he meant, which he explained to HB police, was “blow up” the businesses with negative reviews or phone calls. The post was deleted, but was shared by many in the Huntington Beach community, including freelance writer Chris Epting who used a screen grab and a short note hoping the library would condemn Kluwe’s post. Kluwe included Epting in his lawsuit against the school district and district employees, saying Epting’s post platformed a post Kluwe deleted but others saved and riled up residents against Kluwe. So Epting is being sued for simply sharing a post on social media that expresses an opinion. Kluwe’s lawsuit is about a violation of his First Amendment rights, but last time I checked, sharing a screen grab on social media with a “I hope this happens” note is also free speech.
Also, interestingly, Epting shared this online: “Ironically, I was also opposed to the library plaque. Instead of staging a PR stunt by getting arrested for disrupting a council meeting and then claiming it was an issue of free speech, I chose to reach out to a few council members and engage in what I consider to be productive conversations.”
On Thursday, September 4, Epting’s lawyer filed an Anti-SLAPP motion against Kluwe, which, if successful, would require Kluwe to cover all of Epting’s legal costs.
Now, I have to wonder, by writing this post, is Kluwe going to sue me? My lawyers have lawyers.
In the main part of his case, Kluwe is suing the school district for violating his 1st and 14th amendment rights. He has two law firms representing him and has help from the ACLU.
But here’s where the lawsuit falls off the rails a bit. Kluwe was always an at will employee of the school district. He lacks job protections afforded the district’s classified or certified staff has. The school district issued a press release on March 3 and referenced Kluwe’s social media post.
Back in 2014, Kluwe was involved in a legal dispute with the Minnesota Vikings over their policies towards the LGBTQ community, suggesting they released him as a player because he was an activist. The team and Kluwe settled with the team making financial contributions to a variety of gay rights groups and implement sensitivity training for the team’s staff. I’m sure Kluwe is pleased about the two male cheerleaders on the Vikings cheerleaders on the Vikings squad this year (hey conservatives, Ronald Reagan and George W. Bush were cheerleaders too). I can’t find any statements from Kluwe on this development though.
Since his firing, Kluwe announced a bid to run for assembly. Two Republican candidates are former HB mayor Gracey Vander Mark and former AD Matt Harper. The AD has a GOP voter registration advantage and is considered a safe Republican seat. Kluwe has been a welcome speaker at various Democratic Clubs, and he says all the right things.
Kluwe played for the Vikings for years and likely has financial resources needed to launch a great campaign on top of fundraising efforts, He clearly has a resource advantage over that of Jordan Kirby.
But a deeper dive into his social media raises serious questions about Kluwe’s judgement, in particular, his X.com (Twitter) account of @ChrisWarcraft that was suspended for violating the site’s rules.
Specifically, Kluwe impersonated Elon Musk and posted several bizarre posts. He then engaged with other Twitter users and published Direct Messages to Kluwe’s “Musk” account thinking they were communicating directly with Musk in November 2022 about a week after Musk took over Twitter.
Here are the screen grabs:
Does this strike you as someone who had good judgment regarding social media? It’s borderline catfishing.
As far as Kluwe’s lawsuit against the school, experts say it’s doomed to fail. Here’s why:
- He’s an at-will employee and doesn’t have the protections other district employees have.
- The lawsuit was filed late and in the wrong court.
- He didn’t file state claims, only federal ones
- California school districts have immunity from federal civil rights claims under the 11th amendment
- Kluwe has some options for a successful suit, but he’d need to drop this case and refile it.
- Claiming his first amendment rights were violated while going after Epting’s first amendment rights is basically “free speech for me, but not for thee.” If Kluwe refiles, he should drop Epting from the next lawsuit because the screen grabs show nothing.
That all said, AD72 is a pretty red district. Two Republicans are going to split the enough of the vote for one Democrat to emerge. A Democrat who is former military, a former Republican, who’s against President Trump’s military actions in Los Angeles and condemns the way ICE has treated the community, has the ability to peel off non-Trumper Republicans and independents. Kluwe’s campaign is running hard left. Nothing wrong with that in the right district, but that district isn’t AD72.
My two cents here: take a hard look at Jordan Kirby.
Chris Kluwe is a LUNATIC! We were there the night he rushed council. He also mocked child rape victims. Man-child loser. We love EHS! This guy NEVER should have been hired.
I disagree; he’s an exceptional punter and had a long career at the highest levels of the game. I share his opinion of ICE, but the lawsuit is a loser. Epting had nothing to do with the firing and Kluwe’s lawsuit seems to forget Epting has First Amendment rights too
You are so right!
Just wondering, Dan, did Epting or Cunningham write this one for you? The style and level of research in uncharacteristic.
Thanks for becoming another OCGOP mouthpiece.
Neither; I read the lawsuit and did some digging which is why there are few new posts this week. If you think Kluwe’s actions warrant your vote, go for it. There’s a better candidate for this race and I led with that and finished with it.
GOP mouthpiece? Urging people to vote for a Democrat. Maybe the problem isn’t with the writing (though a bit typo and grammatically messy in spots), but with your reading comprehension.
Everyone needs an editor
I agree with every single thing Chris Kluwe says, LEAVE HIM ALONE! Even all of the Nazi references and making fun of those rape victims at Penn State. He is doing that to make a point. It’s like performance art. LOVE him madly!!!
He is brilliant, educated, and the perfect choice to run. Stop attacking him. He is exactly what our party needs right now he should not change anything. Every single thing he does is perfectly appropriate!
Good back and read his posts; and look at the makeup of the district. He’s not the best option
Christopher Kluwe’s constant controversies, like the baseless Epting lawsuit, show he’s unfit for 2026 California State Assembly. His actions threaten free speech. I oppose his run! #StopKluwe #FreeSpeech
Chris Kluwe is the white male equivalent of an ethnic, immigrant, progressive female. aka as the new black.
you hate everyone
That’s not hate. That’s truth.
Anaheim resident. Chris will make a great assembly member. He is a historian, possesses a genius IQ, and he’s not afraid to refer to certain politicians as Nazis because they clearly embrace the policies of the Third Reich. As a professional historian, I completely agree with him.
Great piece, Dan, thank you. We knew Jordan in Riverside, a good, solid man, and we support him. We also researched this complaint and add’l filings after reading your piece and have developed 10 questions for Kluwe for either his supporters or the press to ask. Maybe you? Unstable individual, indeed. Go Jordan!
1. Why did you openly make fun of the student rape victims at Penn State? REALLY??
2. Why did you encourage your nearly 200,000 social media followers to “review bomb“ Huntington Beach businesses based on politics?
3. Why did you encourage your followers to physically attack federal agents?
4. Why did you promote the disruption of federal agents’ sleep by encouraging followers to pull fire alarms in hotels?
5. Why did you encourage your supporters to disrupt Dodger baseball games by throwing garbage on the field as a protest against their visit to the White House?
6. Why have you continually referred to thousands of OC residents as “Nazis”?
7. Why did you lie about your arrest at the city council meeting, claiming it was over free speech rather than for openly and illegally disrupting a meeting?
8. Why did you impersonate Elon Musk on Twitter?
9. Why did you conduct private direct message conversations with Twitter users while posing as Elon Musk?
10. Why did you publicly post those private conversations without consent?
I’m curious if the “review bombs” hit anything. The Musk catfishing is troubling. What’s to stop someone catfishing Kluwe on X.com?
Chris Kluwe is the biggest fucking joke we’ve seen in OC politics in ages. Not a Gracey fan particularly but she has become a lot more disciplined than when she started out. This guy is an arrested development manchild with serious anger and emotional issues. We tried talking to him at an event and he’s got dead eyes. A weird, nervous, laugh, and seriously manic energy. One of his handlers told us, oh that’s just the personality of a gamer. He’s got great political ideas but you have to get beyond his gamer vibe.
No thanks. This guy is a fucking train wreck.
Watching him try to be like “an adult“ right now is so funny. So dishonest. They are trying to clean him up and reinvent him, but it’s too late. We will support Jordan and if he doesn’t get it, we will support Matt Harper. Kluwe seems to have some serious issues. Democrats pushing this head case should be ashamed of themselves. Most Dems I know are stunned anyone is backing this psycho.
Lawyer here. I wanted to share a few quick thoughts on the situation. Dan, a friend of mine sent me your piece, and while I can’t dive too deep into it, I have some observations.
I’ve read both the complaint and the anti-SLAPP filing, and I think the defendant’s attorney did a very solid job. That said, I think the other side made it easy. It’s puzzling why the firm even chose to take on such a weak case; it’s actually the kind of thing that could potentially lead to sanctions for being frivolous. The claims feel quite personal and targeted. I’m not sure if there’s any history between the parties, but it’s interesting to note that even the ACLU, which is handling the school-related aspect of the lawsuit, wanted nothing to do with this part, which speaks volumes.
Regarding Kluwe’s financial arrangement with his law firm, I’m not familiar with the details, but it’s pretty uncommon for a law firm to pay fees to the other side in a SLAPP or anything else. Typically, that responsibility falls on the plaintiff, in this case, Kluwe, even if they are working PB.
I also had to chuckle when I read that the defendant is referred to as a “local celebrity” with significant influence in the community. I live in Huntington Harbour, and I honestly haven’t heard of him. I’m not super active on social media, but that shouldn’t matter. It just seems like this complaint is more about flash than substance. The actions against the school don’t seem like a great strategy either, especially at the start of a political campaign. This DJ piece calls a few key issues out: https://www.dailyjournal.com/articles/387116-chris-kluwe-s-losing-first-amendment-lawsuit-isn-t-the-free-speech-fight-we-need
I’m wondering if Kluwe’s law firm just smelled dollars; he made decent money with the Vikings
It appears four Republicans have filed for this seat according to the secretary of state. Besides van der mark & Harper. Nathan Steele & Mark Meuser as well. 4 Republicans & two democrats could be a problem for the gop.