| 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… |
| 25A561 |
Chamber of Commerce of the United States, et al. v. Lauren Sanchez, et al. |
Ninth Circuit |
2025-11-14 |
Application |
|
california-law commercial-speech compelled-speech constitutional-challenge emissions-reporting first-amendment |
Question not identified. |
| 25A452 |
Leda Health Corporation v. Bob Ferguson, Governor of Washington, et al. |
Ninth Circuit |
2025-10-21 |
Presumed Complete |
|
bill-of-attainder commercial-speech constitutional-restriction content-based-speech first-amendment medical-testing |
Question not identified. |
| 24-1024 |
Clarence Cocroft, et al. v. Chris Graham, Commissioner, Mississippi Department of Revenue, et al. |
Fifth Circuit |
2025-03-25 |
Denied |
Amici (2)Response Waived |
central-hudson commercial-speech constitutional-law first-amendment regulatory-speech state-law |
Under this Court's four-part Central Hudson framework, truthful speech promoting a commercial transaction is protected under the First Amendment. Sinc… |
| 24A716 |
Clarence Cocroft, et al. v. Chris Graham, in His Official Capacity as the Commissioner of the Mississippi Department of Revenue, et al. |
Fifth Circuit |
2025-01-21 |
Presumed Complete |
|
advertising-ban central-hudson commercial-speech federal-preemption first-amendment medical-marijuana |
Whether and to what extent this Court's Central Hudson factors apply to commercial speech uttered by state-legal medical marijuana businesses. |
| 24-649 |
The Gun Range, LLC v. City of Philadelphia, Pennsylvania, et al. |
Pennsylvania |
2024-12-16 |
Denied |
Response Waived |
commercial-speech constitutional-rights gun-shop-regulation municipal-ordinance second-amendment zoning-restrictions |
Whether prohibiting a business that provides Second Amendment-protected goods and services from operating in substantially all of a city's land areas—… |
| 24-598 |
B&L Productions, Inc., dba Crossroads of the West, et al. v. Gavin Newsom, Governor of California, et al. |
Ninth Circuit |
2024-12-03 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
commercial-speech equal-protection first-amendment gun-show-ban public-forum second-amendment |
1. Whether the distinction between pure speech and commercial is obsolete, with the First Amendment protecting all lawful speech in the same manner an… |
| 24-189 |
R.J. Reynolds Tobacco Company, et al. v. Food and Drug Administration, et al. |
Fifth Circuit |
2024-08-21 |
Denied |
Amici (4) |
commercial-speech first-amendment government-mandated-warnings graphic-warnings tobacco-regulation zauderer-standard |
1. Whether provocative and misleading government-mandated graphic warnings on product packaging and advertising are "purely factual and uncontroversia… |
| 23-1225 |
Maryland Shall Issue, Inc., et al. v. Anne Arundel County, Maryland |
Fourth Circuit |
2024-05-21 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
303-creative-llc-v-elenis commercial-speech compelled-speech content-based-regulation expert-testimony first-amendment nifla zauderer zauderer-standard |
At issue in this case is a local ordinance, Bill 108-21 ("the Ordinance") enacted by Anne Arundel County, Maryland ("the County"). That Ordinance comp… |
| 23-228 |
Paule McKenna v. Sony Pictures Entertainment, Inc., et al. |
California |
2023-09-12 |
Denied |
Response Waived |
advertising brand-logos celebrity-persona celebrity-rights commercial-speech commercial-use lanham-act motion-picture trademark-infringement |
Does the Lanham Act properly prohibit the unauthorized use of a celebrity's persona advertising third party brands with logos in a commercial motion p… |
| 23A46 |
Paule McKenna v. Sony Pictures Entertainment, Inc., et al. |
California |
2023-07-18 |
Presumed Complete |
|
anti-SLAPP commercial-speech first-amendment lanham-act right-of-publicity trademark-infringement |
Question not identified. |
| 23-29 |
CLA Estate Services, Inc., et al. v. Washington |
Washington |
2023-07-11 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights commercial-speech consumer-protection due-process fair-notice first-amendment free-speech state-action state-regulation vagueness |
1. Whether a company has fair notice under the Due Process Clause that it is barred from engaging in certain speech under a state consumer protection … |
| 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 |
The U.S. District Court for the District of Columbia enjoined enforcement of 54 U.S.C. § 100905, which directs the Secretary of the Interior to "requi… |
| 22-175 |
Steven M. Recht, et al. v. Patrick Morrisey, Attorney General of West Virginia |
Fourth Circuit |
2022-08-25 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
circuit-split commercial-speech disclaimer-requirements due-process first-amendment legal-advertising misleading-advertising professional-regulation speech-restrictions |
Applying a version of commercial-speech doctrine that heavily deferred to legislative choices, which ignoring other requirements in this Court's decis… |
| 22-148 |
Jack Daniel's Properties, Inc. v. VIP Products LLC |
Ninth Circuit |
2022-08-17 |
Judgment Issued |
Amici (30) |
brand-recognition commercial-speech commercial-use dilution-by-tarnishment first-amendment lanham-act noncommercial-use trademark-infringement |
1. Whether humorous use of another's trademark as one's own on a commercial product is subject to the Lanham Act's traditional likelihood-of-confusion… |
| 22-5246 |
Bruce H. Singman v. IMDb.com, Inc. |
California |
2022-08-01 |
Denied |
IFP |
anti-SLAPP commercial-speech damaging-information defamation digital-media edit-system first-amendment freedom-of-speech internet-movie-database internet-publication tortious-interference wrongful-information |
Did the Supreme Court of California error in failing to note that the Respondent's IMDb.com i.e., Internet Movie Data Base had an EDIT System providin… |
| 21-900 |
City of Cincinnati, Ohio, et al. v. Lamar Advantage GP Company, LLC, et al. |
Ohio |
2021-12-17 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
billboard billboard-advertising business-privilege commercial-speech first-amendment freedom-of-press freedom-of-speech municipal-tax state-court-conflict |
Relying on the same First Amendment precedent from this Court, the highest courts of Ohio and Maryland reached conflicting conclusions about whether t… |
| 21-890 |
Gaspee Project, et al. v. Diane C. Mederos, et al. |
First Circuit |
2021-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
campaign-finance commercial-speech compelled-speech constitutional-law disclosure-requirements donor-disclosure first-amendment free-speech issue-advocacy strict-scrutiny |
Rhode Island law requires most issue advocacy groups that mention a candidate or referendum in a communication before an election to register with the… |
| 21-247 |
Coalition for Better Government, et al. v. Alliance for Good Government |
Fifth Circuit |
2021-08-20 |
Denied |
Response Waived |
attorney-fees chilling-effect commercial-speech fee-shifting first-amendment lanham-act non-commercial-speech political-speech |
1. Should this Court permit the Lanham Act to be extended to non-commercial political speech?
2. Should this Court permit the imposition of a sanctio… |
| 21-219 |
Clear Channel Outdoor, LLC v. Henry J. Raymond, Director, Department of Finance of Baltimore City |
Maryland |
2021-08-16 |
Denied |
Amici (3)Relisted (2) |
billboard-regulation commercial-speech constitutional-scrutiny content-based content-discrimination first-amendment strict-scrutiny takings tax-law zoning |
Whether a tax singling out off-premises billboards is subject to heightened scrutiny under the First Amendment. |
| 20-1588 |
Michael Konowicz, aka Michael Phillips, et al. v. Jonathan P. Carr, et al. |
Third Circuit |
2021-05-17 |
Denied |
|
actual-malice commercial-speech constitutional-interpretation defamation first-amendment fourteenth-amendment free-speech lanham-act |
1. Whether the Court should revisit the fifty-year old "actual malice" doctrine of New York Times Co. v. Sullivan and its progeny to determine if the … |
| 20-1379 |
Southeastern Pennsylvania Transportation Authority v. Center for Investigative Reporting |
Third Circuit |
2021-04-01 |
Denied |
Amici (3) |
categorical-ban commercial-speech content-restriction first-amendment free-speech government-speech political-speech public-forum supreme-court-precedent transit-advertising transit-authority |
1. Whether this Court's decision in Mansky overruled or abrogated the Court's holding in Lehman that transit authorities have the discretion to catego… |
| 20-1123 |
Lenwood Hamilton v. Lester Speight, et al. |
Third Circuit |
2021-02-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
civil-rights commercial-speech first-amendment free-speech likeness-rights privacy privacy-rights property-rights right-of-publicity transformative-use video-game-law |
1) whether the First Amendment right to free speech protects using a person's actual likeness without permission when weighed against that person's pr… |
| 20-903 |
First Choice Chiropractic, LLC, et al. v. Mike DeWine, Governor of Ohio, et al. |
Sixth Circuit |
2021-01-05 |
Denied |
Response Waived |
central-hudson-test circuit-split commercial-speech content-based-regulation content-based-restrictions first-amendment free-speech heightened-scrutiny speaker-based-restrictions speaker-identity |
When governmental regulations upon commercial speech are based upon either the identity of the speaker or the content of the message, does the "height… |
| 20-594 |
Richard S. Berry v. State Bar of Arizona |
Arizona |
2020-11-04 |
Denied |
Response Waived |
antitrust civil-rights commercial-speech constitutional-challenge due-process first-amendment free-speech professional-regulation professional-services standing state-bar-regulation unauthorized-practice-of-law |
IS A COURT RULE DEFINING AND PROHIBITING THE
UNAUTHORIZED PRACTICE OF LAW ("UPL") AN UNCONSTITU
TIONAL ABRIDGMENT OF COMMERCIAL SPEECH WHEN a) IT IS … |
| 20-365 |
Jack Daniel's Properties, Inc. v. VIP Products LLC |
Ninth Circuit |
2020-09-18 |
Denied |
Amici (7) |
commercial-speech dilution-by-tarnishment first-amendment humor-defense lanham-act parody trademark-dilution trademark-infringement |
1. Whether a commercial product using humor is subject to the same likelihood-of-confusion analysis applicable to other products under the Lanham Act,… |
| 19-8507 |
Dominique R. Taylor v. Corporation Worldwide |
Eighth Circuit |
2020-05-20 |
Denied |
IFP |
commercial-speech compelled-speech content-neutrality first-amendment free-speech private-property |
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| 19-1201 |
Clay Bright, Tennessee Commissioner of Transportation v. William Harold Thomas, Jr. |
Sixth Circuit |
2020-04-08 |
Denied |
Relisted (2) |
commercial-speech content-neutrality first-amendment highway-beautification-act noncommercial-speech off-premises-signs on-premises-signs reed-v-gilbert reed-v-town-of-gilbert sign-regulation |
Whether a sign regulation containing an exception for on-premises signs, for which both commercial and noncommercial speech may qualify, violates the … |
| 19-988 |
Living Essentials, LLC, et al. v. Washington |
Washington |
2020-02-06 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
central-hudson commercial-speech consumer-protection false-advertising federal-trade-commission first-amendment free-speech prior-substantiation substantiation-doctrine washington-state-law |
Whether the prior substantiation doctrine violates the First Amendment. |
| 19-976 |
Jovanna Edge, et al. v. City of Everett, Washington |
Ninth Circuit |
2020-02-04 |
Denied |
Response Waived |
body-confidence civil-rights commercial-speech dress-code expressive-conduct first-amendment free-speech message-communication particularized-message workplace-attire |
1. Whether First Amendment protection extends to expressive conduct only when there is a "great likelihood" that an intended particularized message wi… |
| 19-808 |
Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove, Illinois |
Seventh Circuit |
2019-12-27 |
Denied |
|
commercial-speech content-based content-based-speech first-amendment free-speech government-restriction reed-v-gilbert reed-v-town-of-gilbert strict-scrutiny |
In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discus… |
| 19-792 |
Vugo, Inc. v. City of New York, New York |
Second Circuit |
2019-12-20 |
Denied |
Amici (2) |
central-hudson civil-rights commercial-speech content-based-restrictions content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert strict-scrutiny |
In Reed v. Town of Gilbert, this Court clarified that content-based restrictions are those that apply to particular speech because of the topic discus… |
| 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 |
In Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U.S. 626 (1985), this Court held that, although government regulation of c… |
| 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 |
1. Was the imposition of liability for the landlord's speech a violation of the First and Fourteenth Amendment s to the United States Constitution ?
… |
| 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 |
The Second Circuit affirmed, en banc, the Second Circuit's prior affirmance of the district court's dismissal, at the pleading stage, of the Amended C… |
| 18-302 |
Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office v. Erik Brunetti |
Federal Circuit |
2018-09-07 |
Judgment Issued |
Amici (11) |
commercial-speech first-amendment free-speech government-speech immoral immoral-marks lanham-act scandalous scandalous-marks trademark trademark-registration |
Whether Section 1052(a)'s prohibition on the federal registration of "immoral" or "scandalous" marks is facially invalid under the Free Speech Clause … |
| 18-300 |
Delano Farms Company, et al. v. California Table Grape Commission |
California |
2018-09-07 |
Denied |
Amici (2) |
attribution commercial-speech compelled-speech compelled-subsidy first-amendment government-speech industry-advertising industry-group oversight speech-attribution |
Whether the compelled subsidy of promotional advertising by an industry group may be deemed "government speech," and thus shielded from First Amendmen… |