Whether the First Amendment precludes civil courts from adjudicating fraud claims against a religious organization based on allegedly misleading historical representations

is whether civil courts may, consistent with the First Amendment, adjudicate fraud and concealment claims predicated on objective historical facts and documentary or physical evidence that were material to Petitioners’ decisions, as adults, to commit to the LDS Church. The petition arises from a civil RICO action alleging that the Church deliberately withheld and concealed historically significant artifacts and documents while simultaneously making affirmative factual representations that were materially misleading in light of the suppressed information. Petitioners allege that these representations concerned empirically verifiable matters, rather than matters of faith or theology, and were promoted authoritatively by Church leadership for decades. The Church’s recent disclosure of previously withheld materials forms a central component of Petitioners’ concealment allegations. (B) Large and Complex Record The appellate record comprises 981 pages across four volumes of the Tenth Circuit