No. 22-1135

Center for Medical Progress, et al. v. National Abortion Federation

Lower Court: Ninth Circuit
Docketed: 2023-05-22
Status: Denied
Type: Paid
Amici (4)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: abortion abortion-debate civil-rights constitutional-law first-amendment free-speech prior-restraint public-debate public-discourse
Key Terms:
FirstAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-09-26 (distributed 2 times)
Related Cases: 22-1161 (Vide)
Question Presented (AI Summary)

Is the district court's suppression of speech about a high-profile and highly charged issue of public debate an unconstitutional prior restraint?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioners sparked national debate in the summer of 2015 with the release of videos, recorded during an undercover investigation, which raised legal and ethical concerns about conduct in the abortion industry. Public discussion of Petitioners’ videos prompted investigations and legal changes across the country at the federal, state, and local levels. See, e.g., Planned Parenthood of Greater Texas Fam. Plan. & Preventative Health Servs., Inc. v. Kauffman, 981 F.3d 347, 351 (5th Cir. 2020) (en banc). But on the motion of an abortion-industry trade organization opposed to Petitioners’ message, the district court entered (and the Ninth Circuit affirmed) a sweeping permanent injunction against the release of over 500 hours of further recordings, without applying any level of First Amendment scrutiny. Is the district court’s suppression of speech about a high-profile and highly charged issue of public debate an unconstitutional prior restraint?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-22
Reply of petitioners Center for Medical Progress, et al. filed. (Distributed)
2023-08-07
Brief of respondent National Abortion Federation in opposition filed.
2023-07-06
2023-07-06
2023-07-06
2023-07-06
Brief amici curiae of American Constiutional Rights Union, et al. filed.
2023-06-12
Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2023.
2023-06-08
Motion to extend the time to file a response from July 6, 2023 to August 7, 2023, submitted to The Clerk.
2023-06-06
Response Requested. (Due July 6, 2023)
2023-06-02
Letter of May 31, 2023 from counsel for petitioners received. Distributed
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-23
Waiver of right of respondent National Abortion Federation to respond filed.
2023-05-17
2023-03-08
Application (22A789) granted by Justice Kagan extending the time to file until May 18, 2023.
2023-03-06
Application (22A789) to extend the time to file a petition for a writ of certiorari from March 19, 2023 to May 18, 2023, submitted to Justice Kagan.

Attorneys

American Constiutional Rights Union; Alabama Center for Law & Liberty
John Joseph Park Jr.Law Offices of Jack Park, Amicus
Center for Medical Progress; BioMax Procurement Services, LLC; and David Daleiden
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Petitioner
Ethics and Public Policy Center
Daniel Nolan NightingaleWheeler Trigg O'Donnell, Amicus
Judicial Watch, Inc.
Meredith Leigh Di LibertoJudicial Watch, Inc., Amicus
National Abortion Federation
James Reid SigelMorrison & Foerster, LLP, Respondent
State of Missouri
Maria Ann LanahanOffice of the Missouri Attorney General, Amicus