viewpoint-discrimination

52 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-819 Jeanne Hedgepeth v. James A. Britton, et al. Seventh Circuit 2026-01-12 Pending Amici (2)Response RequestedResponse Waived first-amendment free-speech pickering-balancing-test political-speech public-employee viewpoint-discrimination Whether and in what circumstances public employers may discipline employees based on their expression of controversial views while off the job.
25-780 Leda Health Corporation, a Delaware Corporation v. Bob Ferguson, Governor of Washington, et al. Ninth Circuit 2026-01-05 Pending Response Waived commercial-speech content-restriction first-amendment marketing-speech strict-scrutiny viewpoint-discrimination The State of Washington makes it unlawful to sell a lawful product "with which evidence of sexual assault is collected" if, and only if, the seller "m…
25-606 John Stockton, et al. v. Nick Brown, Attorney General of Washington, et al. Ninth Circuit 2025-11-24 Pending Amici (2)Response RequestedResponse Waived first-amendment judicial-review medical-board-regulation state-action viewpoint-discrimination younger-abstention 1. On September 16, 2025, the Washington Court of Appeals held that the State Medical Commission's COVID-19 misinformation enforcement policy targe…
25A562 Jeanne Hedgepeth v. James A. Britton, et al. Seventh Circuit 2025-11-14 Application first-amendment free-speech pickering-test political-speech public-employee viewpoint-discrimination Whether a public employer violates the First Amendment by terminating an employee for expressing political views on social media while off-duty
25-5734 Charles Robol v. City of Columbus, Ohio, et al. Ohio 2025-09-25 Denied Response WaivedIFP first-amendment fourth-amendment procedural-due-process public-forum recording-rights viewpoint-discrimination Whether a municipality's imposition of overbroad restrictions violates the First Amendment's guarantees of freedom of speech and press, whether a stat…
25-338 Simon Ateba v. Karoline C. Leavitt, in Her Official Capacity as Press Secretary to the President of the United States, et al. District of Columbia 2025-09-23 Denied Response Waived content-neutrality first-amendment judicial-review press-access speech-licensing viewpoint-discrimination Whether the existence of unbridled discretion in a speech-licensing regime constitutes per se viewpoint discrimination or is merely assessed for const…
25-284 Leila Green Little, et al. v. Llano County, Texas, et al. Fifth Circuit 2025-09-11 Denied Amici (7) book-censorship first-amendment free-speech government-action library-access viewpoint-discrimination Whether book-removal decisions by government officials in a county library are subject to scrutiny under the Free Speech Clause of the First Amendment
25-156 Freedom Foundation v. Rita Gail Turner, in Her Official Capacity as Litigation Research Coordinator in the Public Records Act Unit, Office of General Counsel, Los Angeles School District, et al. Ninth Circuit 2025-08-11 Denied Response RequestedResponse WaivedRelisted (2) access-to-information first-amendment labor-law public-employees union-membership viewpoint-discrimination Whether a law that prevents anyone but incumbent unions from accessing information necessary to communicate with public employees before they are recr…
25-142 William Gerard Sangervasi, II v. City of San Jose, California, et al. Ninth Circuit 2025-08-06 Denied Response Waived equal-protection first-amendment government-speech police-uniform sexual-orientation viewpoint-discrimination Whether government can misappropriate police uniforms for ideological sexual speech in violation of equal protection and First Amendment rights
24-932 Pierre Kory, et al. v. Rob Bonta, Attorney General of California, et al. Ninth Circuit 2025-02-27 Pending Amici (1)Response RequestedResponse WaivedRelisted (2) content-neutrality first-amendment medical-communication physician-speech strict-scrutiny viewpoint-discrimination Whether the Ninth Circuit's rule that all physician communications with patients are unprotected by the First Amendment is consistent with NIFLA and s…
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…
24A556 Rory Douglas Wilson v. Idaho Idaho 2024-12-06 Presumed Complete content-neutrality first-amendment free-speech municipal-ordinance public-property viewpoint-discrimination Whether a municipal ordinance prohibiting the posting of notices on public property violates the First Amendment when its enforcement is based on view…
24-539 Kaley Chiles v. Patty Salazar, in Her Official Capacity as Executive Director of the Colorado Department of Regulatory Agencies, et al. Tenth Circuit 2024-11-13 Granted Amici (113)Relisted (4) content-based-regulation counseling-restriction first-amendment free-speech gender-identity viewpoint-discrimination Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates …
24A378 Viewpoint Neutrality Now!, et al. v. Board of Regents of the University of Minnesota, et al. Eighth Circuit 2024-10-21 Presumed Complete first-amendment limited-public-forum minority-cultural-centers status-discrimination student-organization viewpoint-discrimination Whether the First Amendment permits a public university to use 'status discrimination' to exclude certain student minority cultural centers from a lim…
24-5537 Nevin P. Cooper-Keel v. Roberts A. Kengis Sixth Circuit 2024-09-12 Denied Response WaivedIFP facebook-page first-amendment free-speech government-speech public-forum viewpoint-discrimination Whether a government's Facebook page constitutes a public forum and whether deleting comments based on viewpoint violates First Amendment free speech …
23-1276 Young Israel of Tampa, Inc. v. Hillsborough Area Regional Transit Authority Eleventh Circuit 2024-06-05 Denied Amici (5) circuit-split first-amendment free-speech government-forum public-forum religious-speech rosenberger-precedent viewpoint-discrimination Whether a public transit agency's ban on advertisements that 'primarily promote a religious faith or religious organization' violates the First Amendm…
23A1078 Mark Bochra v. United States District Court for the Northern District of Illinois Seventh Circuit 2024-06-03 Presumed Complete first-amendment government-endorsement ihra-definition judicial-mandamus religious-discrimination viewpoint-discrimination Whether the First Amendment prohibits the U.S. Department of Education from adopting or endorsing the International Holocaust Remembrance Alliance (IH…
23A820 Spectrum WT, et al. v. Walter Wendler, et al. Fifth Circuit 2024-03-06 Presumed Complete administrative-action campus-speech first-amendment prior-restraint student-expression viewpoint-discrimination Whether public university administrators violate the First Amendment when they ban student expression from campus based on listener offense
23-438 Austin Roy Clark v. Neeli Bendapudi, et al. Sixth Circuit 2023-10-26 Denied Response Waived academic-freedom civil-rights dobbs-decision dobbs-v-jackson due-process first-amendment free-speech retaliation standing viewpoint-discrimination Whether a medical student was expelled from the University of Louisville School of Medicine in retaliation for his expression and support of conservat…
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
23-55 J. Cory Cordova v. Louisiana State University Agricultural & Mechanical College Board of Supervisors, et al. Fifth Circuit 2023-07-21 Denied Response WaivedRelisted (2) adversary-system attorney-misconduct first-amendment fraud judicial-review litigation-tactics medicare-fraud public-interest sanctions viewpoint-discrimination Whether the lower courts' imposition of punitive sanctions violates Petitioner's rights under the First Amendment
22-1033 Eugene Mazo, et al. v. Tahesha Way, New Jersey Secretary of State, et al. Third Circuit 2023-04-25 Denied Amici (8)Response RequestedResponse WaivedRelisted (2) ballot ballot-restrictions civil-rights content-based-regulation content-regulation election first-amendment free-speech political-speech strict-scrutiny viewpoint-discrimination Whether a state that permits political candidates to engage in core political speech on the ballot may restrict that speech on the basis of content an…
22-842 National Rifle Association of America v. Maria T. Vullo Second Circuit 2023-03-06 Judgment Issued Amici (41)Response RequestedRelisted (7) 1st-amendment civil-rights corporate-social-responsibility first-amendment free-speech government-intimidation government-regulation regulatory-coercion second-amendment viewpoint-discrimination Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a contro…
22-6517 William F. Kaetz v. Freda L. Wolfson, Judge, United States District Court for the District of New Jersey, et al. Third Circuit 2023-01-11 Dismissed Response WaivedRelisted (2)IFP civil-rights constitutional-violations content-discrimination first-amendment free-speech government-accountability government-retaliation speech-suppression viewpoint-discrimination First-Amendment-retaliation
22-555 NetChoice, LLC, dba NetChoice, et al. v. Ken Paxton, Attorney General of Texas Fifth Circuit 2022-12-19 Judgment Issued CVSGAmici (8)Relisted (2) content-moderation editorial-discretion first-amendment free-speech free-speech-rights social-media social-media-regulation viewpoint-discrimination Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about…
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
22-379 Arkansas Times LP v. Mark Waldrip, as Trustee of the University of Arkansas Board of Trustees, et al. Eighth Circuit 2022-10-24 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) boycott boycott-speech civil-rights constitutional-law content-discrimination first-amendment free-speech government-contractors viewpoint-discrimination Is a state law requiring government contractors to certify that they are not participating in, and will not participate in, boycotts of Israel or Isra…
22-375 Word of God Fellowship, Inc., dba Daystar Television Network v. Vimeo, Inc., et al. New York 2022-10-21 Denied civil-rights content-moderation contract-preemption first-amendment free-speech internet-immunity public-discourse section-230 viewpoint-discrimination Does Section 230 immunity extend to the removal of viewpoint-based speech on matters of public concern when the content of the speech is neither facia…
22-365 Reform America, dba Created Equal, et al. v. City of Detroit, Michigan, et al. Sixth Circuit 2022-10-18 Denied Response Waived civil-rights first-amendment free-speech protest-rights public-forum security-justification strict-scrutiny viewpoint-discrimination Does the City's viewpoint-based restriction on protestors in a public forum satisfy strict scrutiny?
21-1532 Brian Davison v. Deborah Rose, et al. Fourth Circuit 2022-06-07 Denied civil-procedure civil-rights constitutional-scrutiny due-process first-amendment free-speech government-action government-speech public-forum speech-restriction standing viewpoint-discrimination Whether a forum and scrutiny analysis are required when considering First Amendment infringement claims involving the government barring citizen speec…
21-8050 Brad Allen Dunn v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-06-03 Denied IFP civil-procedure civil-rights constitutional-law due-process equal-protection first-amendment public-university religious-freedom standing student-organization takings viewpoint-discrimination Whether the court erred in denying the petitioner's motion to dismiss the respondent's complaint
21-1502 Jeff Swanson v. Couy Griffin, et al. Tenth Circuit 2022-06-01 Denied civil-liberties first-amendment free-speech public-forum qualified-immunity social-media viewpoint-discrimination Did the Tenth Circuit err in reversing the decision of the District Court that Commissioner Couy Griffin was not entitled to qualified immunity after …
21-1497 Scott Louis YoungBear v. Tom Miller, Attorney General of Iowa Eighth Circuit 2022-05-31 Denied Response WaivedRelisted (2) 42-usc-1983 civil-rights content-discrimination first-amendment free-speech prior-restraint religious-speech viewpoint-discrimination Whether prior restraint, content-based or viewpoint discrimination was applied when religious speech in a civil complaint was censored per the 'forbid…
21-7963 Steven Strong Bear Stevenson v. California California 2022-05-24 Denied IFP civil-rights content-neutrality free-speech government-regulation public-forum viewpoint-discrimination Whether the First Amendment protects the right of private citizens to participate in a public forum, even if their participation is deemed offensive o…
21-7635 William F. Kaetz v. United States Third Circuit 2022-04-18 Denied Response WaivedIFP administrative-orders content-and-viewpoint-discrimination court-jurisdiction covid-19 covid-19-continuance due-process fraud-on-the-court judicial-authority public-debate unconstitutional viewpoint-discrimination Are the administrative internal court operation orders in response to the covid-19 pandemic an act that lacks authority, jurisdiction, due-process, a …
21-760 Laura Kelly, Governor of Kansas, et al. v. Animal Legal Defense Fund, et al. Tenth Circuit 2021-11-22 Denied Amici (1)Response RequestedRelisted (3) animal-facilities constitutional-law criminal-statute first-amendment free-speech property-rights trespass viewpoint-discrimination Whether Kan. Stat. Ann. § 47-1827(b), (c), and (d) violate the Free Speech Clause of the First Amendment
21-6199 Robert M. Samson v. North Carolina, et al. Fourth Circuit 2021-11-08 Denied IFP civil-rights free-speech government-speech prior-restraint public-forum viewpoint-discrimination Whether the Director of the MCSB violated the First Amendment rights of the petitioner by denying his request to post a message on the MCSB's public f…
21-575 Freedom Foundation v. Washington Department of Ecology, et al. Ninth Circuit 2021-10-20 Denied Amici (1)Response Waived civil-rights first-amendment free-speech freedom-of-speech public-employee-unions public-employees right-to-work state-action unions viewpoint-discrimination Does state action that supports speech by public employee unions to public employees advocating union membership and disfavors speech by right-to-work…
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…
21-5416 Donnell Bledsoe v. Facebook, et al. Ninth Circuit 2021-08-18 Denied Relisted (2)IFP civil-rights first-amendment free-speech petition-government social-media viewpoint-discrimination Whether the First Amendment protects the right of individuals to petition the government for redress of grievances against social media platforms that…
21-213 Nathaniel Borrell Dyer v. Atlanta Independent School System Eleventh Circuit 2021-08-13 Denied due-process first-amendment free-speech limited-public-forum protected-speech public-figures public-forum satirical-flyer satirical-speech viewpoint-discrimination Whether Atlanta Independent School System violated Mr. Dyer's First Amendment right to free-speech by categorically banning him from using protected-s…
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…
20-1800 Harold Shurtleff, et al. v. City of Boston, Massachusetts, et al. First Circuit 2021-06-24 Judgment Issued Amici (24) content-discrimination establishment-clause first-amendment flag-display free-speech government-speech public-forum religious-expression religious-viewpoint viewpoint-discrimination Whether the First Amendment prohibits the City of Boston from denying a private religious organization's request to briefly display its flag on a city…
20-1773 Pasadena Republican Club v. Western Justice Center, et al. Ninth Circuit 2021-06-23 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 42-usc-1985 civil-rights first-amendment fourteenth-amendment property-management state-action state-actor viewpoint-discrimination Whether the Western Justice Center is a state actor for purposes of the First and Fourteenth Amendments and 42 U.S.C. §§ 1983 and 1985(3)
20-1334 Bradley Boardman, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2021-03-24 Denied Amici (13)Response RequestedResponse WaivedRelisted (3) first-amendment harris-v-quinn information-access opt-out-rights public-records public-sector-unions speech-rights viewpoint-discrimination Whether a law that skews the debate over the value of public-sector unions and undermines public-sector employees' opt-out rights by giving incumbent …
20-920 Jeremy Collins v. Rebecca Putt, in Her Individual and Official Capacity, et al. Second Circuit 2021-01-08 Denied Response Waived academic-freedom college-classroom college-speech constitutional-rights first-amendment free-speech hazelwood-v-kuhlmeier tinker-standard tinker-v-des-moines viewpoint-discrimination Whether viewpoint discrimination in a college classroom is permissible under Hazelwood
19-5156 Theresa A. Logan v. Town of Windsor, New York, et al. Second Circuit 2019-07-11 Denied Relisted (2)IFP 1st-amendment civil-rights conclusion constitutional-provisions content-discrimination free-speech jurisdiction public-forum reasons-for-granting statement-of-case statutory-provisions viewpoint-discrimination Whether the First Amendment protects the right of a public access television channel to exclude a speaker based on the content of their speech
18-1455 Archdiocese of Washington v. Washington Metropolitan Area Transit Authority, et al. District of Columbia 2019-05-22 Denied Amici (3)Relisted (5) civil-rights content-discrimination establishment-clause first-amendment free-speech government-speech public-forum religious-freedom viewpoint-discrimination Whether WMATA's policy of refusing to accept advertisements that promote or oppose religion or reflect a religious perspective violates the First Amen…
18-1445 Theresa Seeberger v. Davenport Civil Rights Commission, et al. Iowa 2019-05-20 Denied Amici (2) civil-procedure civil-rights civil-rights-law civil-rights-ordinance commercial-speech content-discrimination discrimination due-process first-amendment fourteenth-amendment free-speech landlord-tenant viewpoint-discrimination Was the imposition of liability for the landlord's speech a violation of the First and Fourteenth Amendments to the United States Constitution?
18-1092 Associated Builders and Contractors of California Cooperation Committee, Inc. v. Xavier Becerra, Attorney General of California, et al. Ninth Circuit 2019-02-21 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights collective-bargaining first-amendment free-speech government-speech legislative-amendment private-donation private-speech proxy subsidy viewpoint-discrimination Does a plausible allegation of viewpoint-discrimination-by-proxy state a valid First Amendment claim?
18-1000 American Freedom Defense Initiative, et al. v. Washington Metropolitan Area Transit Authority, et al. District of Columbia 2019-01-31 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-rights first-amendment free-speech government-censorship government-speech public-forum speech-restriction transit-advertising transit-authority viewpoint-discrimination Is the Washington Metropolitan Area Transit Authority's advertising space a public forum for Petitioner's Support Free Speech' ads such that Responden…
18-450 Utah Republican Party v. Spencer J. Cox, Lieutenant Governor of Utah, et al. Tenth Circuit 2018-10-11 Denied Amici (9)Response RequestedResponse WaivedRelisted (2) candidate-selection expressive-association first-amendment political-parties political-party standard-bearer state-regulation viewpoint-discrimination Does the First Amendment permit a government to compel a political party to use a state-preferred process for selecting a party's standard-bearers for…