No. 24-6015

Tawanna Hilliard v. United States

Lower Court: Second Circuit
Docketed: 2024-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-statute first-amendment law-enforcement-protection overbreadth-doctrine retaliation statutory-interpretation
Key Terms:
AdministrativeLaw FirstAmendment DueProcess FifthAmendment
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether Section 1513(e) of Title 18 is facially overbroad, unconstitutionally vague, and violates First Amendment protections when applied to speech-based actions

Question Presented (OCR Extract)

QUESTIONS PRESENTED Section 1513(e) of Title 18 of the United States Code prohibits “tak[ing] any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense” “with the intent to retaliate.” The questions presented in this Petition are: 1. Whether § 1513(e) is facially overbroad in that, as interpreted by the court of appeals, the statute can be violated by mere speech alone. 2. Whether a conviction under § 1513(e) is unconstitutional as applied to a person who was convicted under that law for assisting in the publication online of the post-arrest interviews of two informants without any further non-speech conduct. 3. Whether § 1513 is unconstitutionally vague in that its prohibition against “any action harmful,” even with a retaliatory intent, fails to provide adequate notice of what the law prohibits and encourages arbitrary and discriminatory enforcement. “it

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2024)

Attorneys

Tawanna Hilliard
Ezra Matthew SpilkeLaw Offices of Ezra Spilke, PLLC, Petitioner
Ezra Matthew SpilkeLaw Offices of Ezra Spilke, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent