No. 23-1105

National Press Photographers Association v. Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2024-04-11
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: 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
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. Do journalists and news organizations whose First Amendment rights are chilled by an ambiguous criminal law have standing to bring a facial void-for-vagueness due process challenge?

2. What level of scrutiny applies to a law using content- and speaker-based distinctions to prohibit taking and publishing certain drone images?

Question Presented (AI Summary)

Do journalists and news organizations have standing to bring a void-for-vagueness due process challenge?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-21
DISTRIBUTED for Conference of 9/30/2024.
2024-08-20
Reply of National Press Photographers Association, et al. submitted.
2024-08-20
Reply of petitioners National Press Photographers Association, et al. filed. (Distributed)
2024-08-02
Brief of Steven McCraw and Dwight Mathis in opposition submitted.
2024-08-02
Brief of respondents Steven McCraw and Dwight Mathis in opposition filed.
2024-08-02
Brief of respondents Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al. in opposition filed.
2024-06-12
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
2024-06-11
Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
2024-06-04
Response Requested. (Due July 5, 2024)
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-13
Brief amici curiae of Texas Association of Broadcasters and 17 Media Organizations filed.
2024-04-12
Waiver of right of respondents Steven McCraw and Dwight Mathis to respond filed.
2024-04-09
Petition for a writ of certiorari filed. (Response due May 13, 2024)

Attorneys

National Press Photographers Association, et al.
James A. HemphillGraves, Dougherty, Hearon & Moody, PC, Petitioner
Steven McCraw and Dwight Mathis
Lanora Christine PettitOffice of the Texas Attorney General, Respondent
Texas Association of Broadcasters and 17 Media Organizations
Joel Wilson ReeseReese Marketos LLP, Amicus