intermediate-scrutiny

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A806 Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services Ninth Circuit 2026-01-12 Application compelled-speech first-amendment intermediate-scrutiny pharmaceutical-regulation takings-clause trade-secrets Whether a state law requiring pharmaceutical manufacturers to disclose confidential trade secrets and create narrative justifications for drug pricing…
25-6098 Elston Bone v. Massachusetts, et al. First Circuit 2025-11-13 Denied Response WaivedIFP 42-usc-1983 constitutional-challenge intermediate-scrutiny new-york-rifle-bruen state-court-review subject-matter-jurisdiction Does the Federal District Court have subject matter jurisdiction over a 42 U.S.C. section 1983 action challenging a state court conviction's constitut…
25-575 Will McLemore, et al. v. Roxanna Gumucio, in Her Official Capacity as Executive Director of the Tennessee Auctioneer Commission, et al. Sixth Circuit 2025-11-13 Denied Amici (1)Response Waived circuit-split first-amendment intermediate-scrutiny licensing-law professional-speech speech-conduct Whether a burden on speech imposed by an occupational licensing law must satisfy intermediate scrutiny if it is deemed incidental
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…
24-1061 Project Veritas, et al. v. Nathan Vasquez, in His Official Capacity as Multnomah County District Attorney, et al. Ninth Circuit 2025-04-09 Denied Amici (10)Response RequestedResponse WaivedRelisted (2) content-neutrality first-amendment intermediate-scrutiny newsgathering speech-restriction supreme-court-precedent Did the Ninth Circuit err by holding that Oregon's prohibition of unannounced recordings is content neutral and inconsistent with Supreme Court preced…
24-881 Georgia Association of Club Executives, Inc. v. Georgia, et al. Georgia 2025-02-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based-regulation first-amendment intermediate-scrutiny reed-v-gilbert strict-scrutiny tax-law Whether a tax targeting businesses based on expressive content is subject to strict or intermediate First Amendment scrutiny
24-756 National Federation of the Blind of Texas, Incorporated, et al. v. City of Arlington, Texas Fifth Circuit 2025-01-16 Denied Amici (4)Response Waived charitable-solicitation first-amendment intermediate-scrutiny private-property-rights speech-restriction zoning-regulation Whether the most exacting scrutiny applies to a municipal ban on donation boxes for charitable solicitations
23A1062 Coalition Life v. City of Carbondale, Illinois Seventh Circuit 2024-05-29 Presumed Complete buffer-zone content-neutrality first-amendment intermediate-scrutiny public-forum speech-restriction Whether a municipal ordinance creating a fixed buffer zone around healthcare facilities that restricts close-proximity speech violates the First Amend…
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?
23-835 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…
21-7843 Tina Marie Bradford v. Los Angeles County Office of Education, et al. Ninth Circuit 2022-05-11 Denied Response WaivedRelisted (2)IFP civil-procedure due-process intermediate-scrutiny motion-practice motion-to-dismiss oral-argument procedural-due-process standing substantive-due-process trial-by-jury Whether Due Process Clause entitlement to trial by jury, oral argument and hearing were denied by overuse of Motion Practice to Dismiss
21-955 Khristy Goins Rismiller, Tutrix for Daniel Edward Goins, et al. v. Gemini Insurance Company, et al. Louisiana 2021-12-30 Denied Response Waived adoption adoption-law biological-classification civil-rights constitutional-rights due-process equal-protection intermediate-scrutiny levy-v-louisiana wrongful-death Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Amendme…
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…
20-1419 Reb Russell, II v. New Jersey New Jersey 2021-04-09 Denied Response RequestedResponse WaivedRelisted (2) 2nd-amendment civil-procedure civil-rights constitutional-rights due-process firearm-carry home-defense intermediate-scrutiny second-amendment self-defense standing takings Whether the Second Amendment protects the right to carry arms outside of the home for self-defense
19-439 CTIA - The Wireless Association v. City of Berkeley, California, et al. Ninth Circuit 2019-10-02 Denied Amici (6) commercial-speech compelled-disclosure compelled-speech consumer-protection disclosure-requirements first-amendment government-regulation intermediate-scrutiny zauderer zauderer-standard Whether Zauderer's reduced scrutiny of compelled commercial speech applies beyond the need to prevent consumer deception
19-404 David Seth Worman, et al. v. Maura T. Healey, Attorney General of Massachusetts, et al. First Circuit 2019-09-25 Denied Amici (7)Relisted (7) 2nd-amendment caetano civil-rights due-process firearms-ban heller heller-standard individual-right intermediate-scrutiny mcdonald second-amendment self-defense Does Massachusetts' ban unconstitutionally infringe the individual right to keep and bear arms under the Second Amendment?
19-64 Heidi C. Lilley, Kia Sinclair, and Ginger M. Pierro v. New Hampshire New Hampshire 2019-07-12 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) constitutional-law equal-protection fourteenth-amendment free-speech gender-discrimination intermediate-scrutiny public-exposure public-nudity Does an ordinance expressly punishing only women, but not men, for identical conduct—being topless in public, classify on the basis of gender?
18A1321 Capital Associated Industries, Inc. v. Josh Stein, Attorney General of North Carolina, et al. Fourth Circuit 2019-06-18 Presumed Complete first-amendment freedom-of-association intermediate-scrutiny professional-conduct trade-association unauthorized-practice-of-law Whether a state's unauthorized practice of law statute that prohibits a trade association from employing attorneys to provide legal services to its me…
18-1272 Michael Gould, et al. v. Andrew Lipson, in His Official Capacity as Chief of the Brookline Police Department, et al. First Circuit 2019-04-04 Denied Relisted (7) 2nd-amendment circuit-split civil-procedure civil-rights constitutional-rights due-process firearm-restrictions good-reason intermediate-scrutiny right-to-bear-arms right-to-carry second-amendment self-defense standing takings Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense
18-843 Ivan Pena, et al. v. Martin Horan, Director, California Department of Justice Bureau of Firearms Ninth Circuit 2019-01-03 Denied Amici (4)Relisted (7) 2nd-amendment civil-rights due-process equal-protection firearm-regulation firearm-restrictions handgun-regulation intermediate-scrutiny microstamping second-amendment self-defense standing takings Whether California's 'Unsafe Handgun Act' violates the Second Amendment
18-824 Thomas Rogers, et al. v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-01-02 Denied Amici (6)Response RequestedResponse WaivedRelisted (8) 2nd-amendment carry circuit-split constitutional-carry firearm-rights heller-v-dc intermediate-scrutiny licensing second-amendment self-defense Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense
18-733 1A Auto, Inc., et al. v. Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance Massachusetts 2018-12-10 Denied Amici (4)Response RequestedRelisted (2) association campaign-finance contribution-limits equal-protection first-amendment free-speech freedom-of-association freedom-of-speech intermediate-scrutiny political-contributions strict-scrutiny Should Beaumont be overruled?
18-191 John Cassidy v. Massachusetts Massachusetts 2018-08-14 Denied Amici (1)Response Waived 2nd-amendment civil-rights due-process firearm-possession heller home-firearm-rights home-possession intermediate-scrutiny interstate-firearm-transfer mcdonald presumptively-lawful-restrictions scrutiny-standard second-amendment state-restrictions strict-scrutiny What level of scrutiny should be used in reviewing statutes that punish possession of lawfully acquired arms kept in the home?