content-based-restriction

33 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A381 Upsolve, Inc., et al. v. Letitia James, Attorney General of New York Second Circuit 2025-10-02 Application constitutional-review content-based-restriction first-amendment intermediate-scrutiny purpose-based-distinction speech-regulation Whether content-based speech restrictions that purport to draw distinctions based on the purpose of regulated speech are subject to strict or intermed…
24-676 Friends of George's, Inc. v. Steven J. Mulroy, in His Official and Individual Capacity as the District Attorney General of Shelby County, Tennessee Sixth Circuit 2024-12-23 Denied Response Waived article-iii-standing content-based-restriction first-amendment judicial-review statutory-interpretation viewpoint-discrimination When evaluating a constitutional challenge to a state statute, may a federal court unilaterally narrow the statute's scope in a manner that contradict…
24-243 Michael Grant v. City of Philadelphia, Pennsylvania, et al. Third Circuit 2024-09-04 Denied Response Waived content-based-restriction first-amendment free-speech public-forum religious-expression solicitation Whether a public preacher can be arrested for preaching in a public park with a religious sign and collection plate without violating First Amendment …
24-5267 Richard George Baxter v. State Bar of California California 2024-08-08 Denied IFP content-based-restriction embezzlement first-amendment fraud-regulation mortgage-fraud strict-scrutiny Whether a California law restricting fraud, embezzlement, and forgery proceedings is subject to strict scrutiny under the First Amendment
24-53 Nathan Miller, et al. v. Republican Party of Minnesota, et al. Minnesota 2024-07-17 Denied campaign-speech civil-rights compelling-state-interest constitutional-law content-based-restriction content-based-restrictions first-amendment free-speech political-speech Whether state statutes broadly banning false campaign speech are unconstitutional content-based restrictions on political speech
23A1124 Kathryn Dana Papp v. Pennsylvania Pennsylvania 2024-06-20 Presumed Complete communication-regulation content-based-restriction first-amendment free-speech harassment-statute intent-to-harass Whether a state statute criminalizing communications intended to harass, annoy, or alarm constitutes an impermissible content-based restriction on spe…
23-1122 Free Speech Coalition, Inc., et al. v. Ken Paxton, Attorney General of Texas Fifth Circuit 2024-04-16 Judgment Issued Amici (45)Relisted (2) adults-access constitutional-rights content-based-restriction first-amendment free-speech protected-speech rational-basis rational-basis-review strict-scrutiny Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead…
23-1105 National Press Photographers Association v. Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al. Fifth Circuit 2024-04-11 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) article-iii-standing civil-rights content-based-restriction content-based-restrictions drone-surveillance due-process first-amendment free-speech intermediate-scrutiny standing vagueness void-for-vagueness Do journalists and news organizations have standing to bring a void-for-vagueness due process challenge?
23-342 X Corp., fka Twitter, Inc. v. Merrick B. Garland, Attorney General, et al. Ninth Circuit 2023-10-02 Denied Amici (2) civil-rights content-based-restriction disclosure due-process first-amendment free-speech government-surveillance national-security prior-restraint speech-restriction Whether the Government's prohibition on disclosure of the receipt of national security process is unconstitutional in the absence of the procedural re…
22-865 Mobilize the Message, LLC, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2023-03-10 Denied Amici (4) campaign-finance campaign-material civil-rights content-based-regulation content-based-restriction first-amendment free-speech independent-contractor independent-contractors political-canvassing political-speech speech-regulation Whether regulating canvassing and the delivery of printed material based on that speech's content, function, or purpose implicates the First Amendment
22-665 Gordon M. Price v. Merrick B. Garland, Attorney General, et al. District of Columbia 2023-01-19 Denied Amici (3) commercial-speech content-based-restriction first-amendment permit-requirement prior-restraint public-forum Whether filmmaking is communicative activity protected by the First Amendment
21-8023 Xingfei Luo v. California California 2022-06-01 Denied IFP content-based-restriction content-based-restrictions dating-relationship effective-assistance-of-counsel first-amendment fourteenth-amendment nude-photography nudity privacy privacy-expectation Where an individual does not have a reasonable expectation of privacy in an image, the State's interest in protecting the individual's privacy interes…
21-1284 Barry D. Romeril v. Securities and Exchange Commission Second Circuit 2022-03-23 Denied Amici (6) constitutional-rights content-based-restriction due-process first-amendment prior-restraint sec-settlement viewpoint-based-restriction void-judgment Does the SEC's requirement of a lifetime gag order in settlements violate the First Amendment?
21-7108 Kevin Stephen Ryan v. Minnesota Minnesota 2022-02-14 Denied IFP 1st-amendment civil-rights content-based-restriction free-speech government-regulation prior-restraint Whether the government's restriction on the petitioner's speech violates the First Amendment's guarantee of free 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…
21-427 William Frederick Lamoureux v. Montana Montana 2021-09-21 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-law content-based-restriction criminal-law due-process first-amendment free-speech overbreadth overbreadth-doctrine speech-regulation Whether a statute that criminalizes speech intended to annoy or offend is unconstitutionally overbroad 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…
20-1731 Trista Oettle v. William J. Cadigan, Chairman, Illinois State Board of Elections, et al. Illinois 2021-06-15 Denied Response Waived ballot-selfie content-based-restriction first-amendment free-speech political-expression political-speech public-forum viewpoint-neutral viewpoint-neutrality Whether a ballot selfie is a form of political expression
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…
20-1081 Illinois Republican Party, et al. v. J. B. Pritzker, Governor of Illinois Seventh Circuit 2021-02-08 Denied Response Waived civil-rights content-based-restriction content-based-restrictions first-amendment free-speech pandemic-regulation political-speech religious-speech strict-scrutiny Does the Illinois governor's preference for religious speakers over political speakers survive strict scrutiny?
20-569 Elim Romanian Pentecostal Church, et al. v. J. B. Pritzker, Governor of Illinois Seventh Circuit 2020-10-30 Denied Amici (5)Response RequestedResponse WaivedRelisted (3) content-based-restriction content-based-restrictions first-amendment free-exercise free-exercise-clause jacobson-v-massachusetts pandemic-exception religious-discrimination religious-gatherings strict-scrutiny Whether the Free Exercise Clause prohibits government discrimination against religious gatherings
20-5185 Joshua Jermaine Nelson v. Texas Texas 2020-07-27 Denied IFP constitutional-vagueness content-based-restriction due-process first-amendment free-speech mens-rea overbreadth overbreadth-doctrine vagueness Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech be…
19-6450 Sherif Sayed Mahmoud v. Texas Texas 2019-10-30 Denied Response WaivedIFP civil-rights constitutional-challenge constitutionality content-based-restriction due-process first-amendment free-speech penal-code standard-of-review standing statutory-interpretation statutory-provisions texas-penal-code Whether Section 33.021 of the Texas Penal Code is a content-based restriction
19-6083 Michael M. Molinaro v. Bertha A. Molinaro California 2019-10-01 Denied Response WaivedIFP civil-rights constitutional-vagueness content-based-restriction domestic-violence-prevention-act due-process family-law first-amendment free-speech overbroad separation-of-powers vagueness void-for-vagueness Is California's Domestic Violence Prevention Act's (DVPA's) severable residual clause defining 'abuse' (Family Code (F.C.) § 6203(a)(4)) unconstitutio…
19-281 Capital Associated Industries, Inc. v. Josh Stein, Attorney General of North Carolina, et al. Fourth Circuit 2019-09-03 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) civil-rights content-based-restriction content-based-speech first-amendment fourteenth-amendment freedom-of-association legal-assistance legal-services non-profit non-profit-organizations professional-licensing strict-scrutiny Do the North Carolina statutes prohibiting the Association's attorneys from providing legal assistance to its members violate the freedom of associati…
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…
18-1365 Mogul Media, Inc., et al. v. City of New York, New York, et al. Second Circuit 2019-04-30 Denied Response Waived commercial-speech content-based-restriction content-based-restrictions equal-protection first-amendment free-speech government-speech municipal-government public-forum public-property zoning-resolution Does the First Amendment prohibit the City of New York from preferring the commercial speech of its tenants over private landowners' commercial and no…
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
18-1073 Tara King, et al. v. Phil Murphy, Governor of New Jersey, et al. Third Circuit 2019-02-15 Denied Response Waived civil-rights content-based-regulation content-based-restriction due-process extraordinary-circumstances first-amendment free-speech irreparable-harm mandate-recall standing supreme-court-precedent takings Whether a lower court mandate should be recalled when the Supreme Court expressly abrogates the ruling by name and the lower court opinion continues t…
18-7613 David Ackell v. United States First Circuit 2019-01-28 Denied IFP circuit-split content-based-restriction first-amendment free-speech overbreadth overbreadth-challenge speech-regulation stalking-statute united-states-v-stevens Whether the First Circuit erred in upholding 18 U.S.C. § 2261A(2)(B) (2013) against a First Amendment challenge
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…