No. 25-115

Monica Miller, et al. v. Letitia James, Individually and in Her Official Capacity as Attorney General of New York

Lower Court: Second Circuit
Docketed: 2025-07-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-rights defamation first-amendment free-speech reputational-harm standing
Key Terms:
FirstAmendment DueProcess Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Do Petitioners have standing to challenge the Attorney General's statements and are those statements protected by the First Amendment when they allege reputational harm and a chilling effect on their free speech rights?

Question Presented (OCR Extract)

During a press conference convened by the New York Attorney General to announce the filing of a civil lawsuit against Red Rose Rescue, a pro-life organization, and several of its members, the Attorney General declared that the organization was a “terrorist group” and that those associated with the organization were “terrorists.” There were no allegations of terrorism in the civil lawsuit, and neither Red Rose Rescue nor anyone associated with the organization has ever been charged with the crime of terrorism nor any other violent felony. The Attorney General’s appellation was designed to malign Red Rose Rescue and its associates in the eyes of the public and to reduce the effectiveness of their First Amendment activities. 1. Do Petitioners, who are members of Red Rose Rescue, have standing to advance their constitutional challenge to the actions of the Attorney General when they have alleged a chilling effect on their First Amendment rights and reputational harm? 2. Are the Attorney General’s “terrorist” and “terrorist group” designations opinion protected by the First Amendment and thus immune from New York’s defamation law?

Docket Entries

2025-12-08
Petition DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-11-05
Reply of Monica Miller, et al. submitted.
2025-11-05
Reply of petitioners Monica Miller, et al. filed.
2025-10-24
Brief of Letitia James in opposition submitted.
2025-10-24
Brief of respondent Letitia James in opposition filed.
2025-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 24, 2025.
2025-09-18
Motion of Letitia James for an extension of time submitted.
2025-09-18
Motion to extend the time to file a response from September 24, 2025 to October 24, 2025, submitted to The Clerk.
2025-08-25
Response Requested. (Due September 24, 2025)
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-13
Waiver of Letitia James of right to respond submitted.
2025-08-13
Waiver of right of respondent Letitia James to respond filed.
2025-07-28
Petition for a writ of certiorari filed. (Response due August 29, 2025)

Attorneys

Letitia James
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent
Monica Miller, et al.
Robert Joseph MuiseAmerican Freedom Law Center, Petitioner
Robert Joseph MuiseAmerican Freedom Law Center, Petitioner