At all relevant times, Petitioner Vanessa Enoch
was working as a member of the media and collecting
information for a study regarding the removal of African
American female jurists from the bench in Ohio. In
performing those functions, Petitioner was gathering
information regarding the criminal prosecution of a
local female African American jurist. She was doing this
by using her iPad to record related public events in the
hallway outside of the courtroom after proceedings had
recessed. While she was attempting to record these events
of public import, Deputies with the Hamilton County,
Ohio, Sheriff, following the Sheriff's custom, practice
and training, confiscated Petitioner's iPad and arrested
her precisely because she was recording such events in
the courthouse hallways. It is undisputed that Petitioner
was, at the time, in full compliance with the time, place
and manner restrictions imposed by the local courts and
otherwise in full compliance with Ohio law when the
confiscation and arrest occurred.

The questions presented are:

(1) Whether the Sheriff's unilateral custom,
practice and policy of banning all news
gathering recording activities in the
public hallways of a courthouse, where
the local judges' time place and manner
rules have allowed such activities, violates
Petitioner Enoch's rights guaranteed by
the First Amendment to the United States
Constitution by delegating to the Sheriff
unbridled discretion in deciding when and
who may engage in such First Amendment
activities.

(2) Whether the Sixth Circuit's decision to
allow the Sheriff unbridled discretion
to override the local court's time, place
and manner restriction regarding the
recording of newsworthy events conflicts
with decisions of its sister circuits relating
to the delegation of unfettered discretion to
a local official, thus resulting in restriction
of the lawful exercise of rights protected by
the First Amendment.

Whether the Sheriff's unilateral policy banning news gathering recording activities in courthouse public hallways violates First Amendment rights by delegating unbridled discretion to restrict media activities