content-based

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-835 Association of Club Executives of Dallas, Inc., et al. v. City of Dallas, Texas Fifth Circuit 2024-02-05 Denied Response Waived content-based content-neutral content-neutrality evidentiary-burden first-amendment intermediate-scrutiny secondary-effects sexually-oriented-businesses strict-scrutiny Does the secondary-effects-doctrine survive Reed-v-Town-of-Gilbert and City-of-Austin-v-Reagan-National-Advertising
23-463 Elizabeth Brokamp v. Letitia James, Attorney General of New York, et al. Second Circuit 2023-11-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split content-based content-based-regulation evidence first-amendment intermediate-scrutiny licensing-scheme motion-to-dismiss talk-therapy Whether a New York law requiring speakers to obtain a license before offering talk therapy pertaining to 'disabilit[ies], problem[s], or disorder[s] o…
23-389 Colleen Reilly, et al. v. City of Harrisburg, Pennsylvania, et al. Third Circuit 2023-10-12 Denied Response RequestedResponse WaivedRelisted (2) content-based content-neutrality first-amendment free-speech monell monell-liability rule-30b6-testimony speech-restriction standing viewpoint-based viewpoint-discrimination whether-the-test-for-content-neutrality-should-be-overruled
22-393 NetChoice, LLC, dba NetChoice, et al. v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2022-10-26 Denied CVSGAmici (6)Relisted (3) compelled-speech content-based content-based-restrictions editorial-discretion first-amendment free-speech tech-regulation viewpoint-discrimination zauderer Whether S.B. 7072 in its entirety, and its compelled disclosure provisions in particular, comply with the First Amendment
22-5215 Graham Schiff v. Maryland Maryland 2022-07-28 Denied IFP as-applied constitutional-rights content-based content-based-speech first-amendment free-speech public-concern right-to-counsel Whether the petitioner's speech, which is content-based, on a matter of public-concern, and made while exercising one's right to counsel, is protected…
21-1402 Outdoor One Communications LLC v. Charter Township of Canton, Michigan Sixth Circuit 2022-05-02 Denied Response Waived constitutional-challenge content-based content-based-regulation first-amendment free-speech permit-requirement prior-restraint speech-restriction standing variance-scheme Whether a speaker must first engage in self-censorship to have standing to attack the constitutionality of a prior restraint on its speech
21-1172 American Society of Journalists and Authors, Inc., et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2022-02-24 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based content-based-law employment-classification financial-burdens first-amendment function-of-speech independent-contractor purpose-of-speech regulatory-burdens speech-regulation tax-burden Is a law content-based when it imposes financial and regulatory burdens based on the function or purpose of speech?
21-7105 Charles E. Sisney v. Denny Kaemingk, Secretary, South Dakota Department of Corrections, et al. Eighth Circuit 2022-02-11 Denied IFP civil-rights constitutional-rights content-based content-based-restriction first-amendment less-restrictive-alternative penological-interest prison-censorship prison-policy turner-factors turner-v-safley Whether the Eighth Circuit's approval of the prison's broad 'pornography' policy that prohibits inmates from accessing a wide range of written and pic…
21-6735 Gregory A. Rollins v. Illinois Illinois 2021-12-28 Denied Response WaivedIFP child-photography constitutional-challenge content-based content-based-restriction first-amendment government-interest intermediate-scrutiny public-place strict-scrutiny Did the appellate court err in applying intermediate scrutiny to a content-based statute criminalizing photographs of children, and does the statute v…
21-476 303 Creative LLC, et al. v. Aubrey Elenis, et al. Tenth Circuit 2021-09-28 Judgment Issued Amici (90)Relisted (4) anti-discrimination-law compelled-speech content-based content-based-regulation free-exercise free-speech religious-beliefs religious-liberty viewpoint-discrimination Whether applying a law to compel an artist to speak or stay silent, contrary to the artist's sincerely held religious beliefs, violates the Free Speec…
21-219 Clear Channel Outdoor, LLC v. Henry J. Raymond, Director, Department of Finance of Baltimore City Maryland 2021-08-16 Denied Amici (3)Relisted (2) billboard-regulation commercial-speech constitutional-scrutiny content-based content-discrimination first-amendment strict-scrutiny takings tax-law zoning Whether a tax singling out off-premises billboards is subject to heightened scrutiny under the First Amendment
21-120 James Tracy v. Florida Atlantic University Board of Trustees, et al. Eleventh Circuit 2021-07-28 Denied academic-freedom content-based content-based-restriction due-process first-amendment free-speech public-employment vagueness vagueness-doctrine viewpoint-discrimination Whether FAU's reporting policy is unconstitutionally vague, impermissibly chills speech, and may be facially challenged because it grants the public u…
20-1627 S. S., et al. v. S. B. Pennsylvania 2021-05-21 Denied Amici (3) child-custody content-based content-based-restriction first-amendment free-press free-speech gag-order overbreadth prior-restraint vagueness Is such a 'gag order' an unconstitutionally vague and overbroad prior restraint and content-based restriction violating Petitioners' First Amendment f…
20-1111 International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 229, AFL-CIO v. National Labor Relations Board Ninth Circuit 2021-02-12 Denied content-based content-based-restriction first-amendment labor-speech national-labor-relations-act secondary-boycott speaker-based strict-scrutiny union-inducement viewpoint-discriminatory Whether the secondary boycott provision of the National Labor Relations Act prohibits peaceful and non-coercive Union inducement of workers to leave t…
20-1029 City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al. Fifth Circuit 2021-01-28 Judgment Issued Amici (21)Response RequestedResponse WaivedRelisted (3) billboard-regulation content-based content-based-regulation first-amendment free-speech metromedia municipal-law reed-v-town-of-gilbert sign-code strict-scrutiny Is the city code's distinction between on- and off-premise signs a facially unconstitutional content-based regulation under Reed?
19-1029 Bethany Austin v. Illinois Illinois 2020-02-19 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) content-based first-amendment free-speech non-consensual-dissemination privacy revenge-porn strict-scrutiny technology Whether strict First Amendment scrutiny applies to a criminal law that prohibits nonconsensual dissemination of non-obscene nude or sexually-oriented …
19-983 Colleen Reilly, et al. v. City of Harrisburg, Pennsylvania, et al. Third Circuit 2020-02-05 Denied Response RequestedResponse WaivedRelisted (3) article-iii-court constitutional-avoidance content-based content-neutrality first-amendment free-speech hill-v-colorado less-restrictive-alternatives reed-v-gilbert speech-restriction standing Whether Reed v. Town of Gilbert overruled Hill v. Colorado
19-7544 Robert M. Waggy v. United States Ninth Circuit 2020-02-04 Denied Amici (2)IFP constitutional-law content-based content-based-restrictions criminal-law due-process first-amendment free-speech public-concern speech-regulation telephone-harassment Whether a statute that prohibits telephone harassment may, consistent with the First Amendment, prohibit speech on matters of public concern or impose…
19-808 Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove, Illinois Seventh Circuit 2019-12-27 Denied commercial-speech content-based content-based-speech first-amendment free-speech government-restriction reed-v-gilbert reed-v-town-of-gilbert strict-scrutiny Should strict scrutiny review apply to government restrictions on commercial speech that do not apply to non-commercial speech?
19-727 Keepers, Inc. v. City of Milford, Connecticut Second Circuit 2019-12-09 Denied Response Waived civil-procedure civil-rights content-based content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert rule-60(b) rule-60b strict-scrutiny summary-judgment Whether the district court erred in refusing to grant Petitioner relief from summary judgment
19-333 Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al. Washington 2019-09-12 Rehearing Amici (10)Relisted (13) civil-rights compelled-speech content-based first-amendment free-exercise free-speech public-accommodation religious-freedom religious-hostility same-sex-marriage state-action strict-scrutiny Whether the State violates a floral designer's First Amendment rights to free exercise and free speech by forcing her to take part in and create custo…
18-1518 Save Tacoma Water v. Port of Tacoma, et al. Washington 2019-06-06 Denied Response Waived ballot-access content-based content-based-restriction first-amendment free-speech initiative-power judicial-veto political-speech prior-restraint vagueness Whether the First Amendment prohibits a state court from enjoining a qualified initiative from appearing on the ballot because the court believes that…
18-1244 David Pickup, et al. v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2019-03-25 Denied Response Waived abrogation civil-rights content-based content-based-regulation content-based-restriction first-amendment free-speech irreparable-harm mandate-recall recall-mandate supreme-court-precedent Whether the Court of Appeals erred when it refused to recall its mandate after this Court explicitly abrogated its opinion by name
18-910 City of San Diego, California v. Public Employment Relations Board California 2019-01-14 Denied Amici (2)Response Waived citizens-initiative civil-rights content-based content-based-restriction first-amendment free-speech government-code pension-reform preemption prior-restraint public-official viewpoint-based Whether California Government Code section 3505 can preempt an elected public official's First Amendment right to participate in a citizens' initiativ…