Tawanna Hilliard v. United States
AdministrativeLaw FirstAmendment DueProcess FifthAmendment
Whether Section 1513(e) of Title 18 is facially overbroad, unconstitutionally vague, and violates First Amendment protections when applied to speech-based actions
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