No. 24-53

Nathan Miller, et al. v. Republican Party of Minnesota, et al.

Lower Court: Minnesota
Docketed: 2024-07-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: campaign-speech civil-rights compelling-state-interest constitutional-law content-based-restriction content-based-restrictions first-amendment free-speech political-speech
Key Terms:
FirstAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether state statutes broadly banning false campaign speech are unconstitutional content-based restrictions on political speech

Question Presented (OCR Extract)

QUESTION PRESENTED Federal and state courts have considered several different state statutes banning false campaign speech, but are in conflict on whether such state statutes are unconstitutional content-based restrictions on political speech. See, e.g., Susan B. Anthony List v. Driehaus, 814 F.3d 466, 476 (6th Cir. 2016); 281 Care Comm. v. Arneson, 766 F.3d 774, 796 (8th Cir. 2014); Linert v. MacDonald, 901 N.W.2d 664, 670 (Minn. Ct. App. 2017); Make Liberty Win v. Cegavuske, 499 F.Supp.3d 794, 803 (D.Nev. 2020). To resolve an important, constitutional question, the question presented is: Whether state statutes broadly banning false campaign speech, such as Minnesota Statutes § 211B.02, are unconstitutional, if not narrowly tailored to meet a compelling state interest. i

Docket Entries

2024-10-15
Petition DENIED.
2024-09-18
DISTRIBUTED for Conference of 10/11/2024.
2024-09-13
2024-09-13
2024-08-30
Brief of Republican Party of Minnesota in opposition submitted.
2024-08-30
Brief of Attorney General Keith Ellison in opposition submitted.
2024-08-30
Brief of respondents Republican Party of Minnesota, et al. in opposition filed.
2024-08-30
Brief of Attorney General Keith Ellison in opposition filed.
2024-08-30
Brief of respondent Attorney General Keith Ellison in opposition filed.
2024-07-22
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2024, for all respondents.
2024-07-19
Motion of Attorney General Keith Ellison for an extension of time submitted.
2024-07-19
Motion of respondent Attorney General Keith Ellison to extend the time to file a response from August 16, 2024 to August 30, 2024, submitted to The Clerk.
2024-07-15

Attorneys

Attorney General Keith Ellison
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Amicus
Nathan Miller, et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Republican Party of Minnesota
Zachary Michael WallenChalmers, Adams, Backer & Kaufman, LLC, Respondent