No. 21-1172

American Society of Journalists and Authors, Inc., et al. v. Rob Bonta, Attorney General of California

Lower Court: Ninth Circuit
Docketed: 2022-02-24
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2)
Tags: content-based content-based-law employment-classification financial-burdens first-amendment function-of-speech independent-contractor purpose-of-speech regulatory-burdens speech-regulation tax-burden
Key Terms:
SocialSecurity FirstAmendment Copyright Patent WageAndHour
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (AI Summary)

Is a law content-based when it imposes financial and regulatory burdens based on the function or purpose of speech?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The State of California classifies some independent contractors as employees based solely on the function or purpose of their speech. The State favors writers, photographers, or videographers who sell speech that the state deems marketing, fine art, graphic design, or related to sound recordings and musical compositions (but not music videos). These favored speakers are exempt from a panoply of employment regulations and taxes and allowed the benefits of operating as independent contractors and small businesses. But workers who produce speech with an unfavored function or purpose are classified as employees subject to more onerous tax and regulatory burdens. Due to these unequal employee classification rules, Petitioners’ freelance members are deprived of longstanding careers as independent contractors and are losing opportunities to publish. The questions presented are: Is a law content-based when it imposes financial and regulatory burdens based on the function or purpose of speech? Does a law that has the effect of depriving classes of speakers of their livelihood by subjecting them to more onerous taxes and regulations impose a First Amendment burden subject to judicial scrutiny? ii LIST OF ALL

Docket Entries

2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-03
Reply of petitioners American Society of Journalists and Authors, Inc., et al. filed.(Distributed)
2022-05-23
Brief of respondent Rob Bonta, Attorney General of California in opposition filed.
2022-04-22
Brief amici curiae of Independent Institute, et al.
2022-04-22
Brief amicus curiae of Institute for Free Speech filed.
2022-04-12
Brief amici curiae of Fight for Freelancers, et al filed.
2022-04-07
Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2022.
2022-04-06
Motion to extend the time to file a response from April 22, 2022 to May 23, 2022, submitted to The Clerk.
2022-03-28
Brief amicus curiae of Liberty Justice Center filed.
2022-03-23
Response Requested. (Due April 22, 2022)
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-03-10
Waiver of right of respondent Rob Bonta, Attorney General of California to respond filed.
2022-03-04
Blanket Consent filed by Petitioner, American Society of Journalists and Authors, Inc., et al.
2022-02-22
Petition for a writ of certiorari filed. (Response due March 28, 2022)

Attorneys

American Society of Journalists and Authors, Inc., et al.
James M. ManleyPacific Legal Foundation, Petitioner
Fight for Freelancers, et al
Maurice BaskinLittler Mendelson, PC, Amicus
Independent Institute, National Federation of Independent Business Small Business Legal Center, Americans for Prosperity Foundation, and New Jobs America
Krystal Brunner SwendsboeWiley Rein LLP, Amicus
Institute for Free Speech
Alan GuraInstitute for Free Speech, Amicus
Liberty Justice Center
Daniel Robert SuhrLiberty Justice Center, Amicus
Rob Bonta, Attorney General of California
Samuel Passchier SiegelCalifornia Department of Justice, Respondent
Jose A. Zelidon-ZepedaAttorney General's Office, Respondent