ATLANTA (AP) – A judge should dismiss a lawsuit filed by a Ku Klux Klan group that was turned down for participation in a highway cleanup program, the state of Georgia argued Monday.

The American Civil Liberties Union Foundation sued last month on behalf of the International Keystone Knights of the KKK in Union County, saying the state violated the group’s right to free speech. The state on Monday filed its response and supporting brief in Fulton County Superior Court.