Scott Louis YoungBear v. Tom Miller, Attorney General of Iowa
SocialSecurity Securities Immigration
Whether prior restraint, content-based or viewpoint discrimination was applied when religious speech in a civil complaint was censored per the 'forbidden domain' doctrine, United States v. Ballard, 322 U.S. 78, 87 (1944)
QUESTION PRESENTED Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 829 (1995): When the government targets not subject matter, but particular views taken by speakers on a subject, the violation of the First Amendment is all the more blatant. *** Viewpoint discrimination is thus an egregious form of content discrimination. The government must abstain from regulating speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction. A civil complaint under 42 U.S.C. § 1983 was filed concerning faith-based treatment under Iowa Code § 692A (2019) Sex Offender Registry and quotations from the Bible were asserted. The Northern District Court of Iowa and the Eighth Circuit Court of Appeals denied relief. Question presented: Whether prior restraint, content-based or viewpoint discrimination was applied when religious speech in a civil complaint was censored per the “forbidden domain” doctrine, United States v. Ballard, 322 U.S. 78, 87 (1944). | OPINIONS BELOW Youngbear v. Miller, No. 22-1279, U.S. Court of Appeals for the Eighth Circuit. Judgment entered May 9, 2022.