content-based

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 1. The secondary effects doctrine of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), provides that regulations adopted for the content-…
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 In Reed v. Town of Gilbert, this court held that laws that "defin[e] regulated speech by particular subject matter" are "obvious[ly]" content-based an…
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 1. Whether the test for content neutrality set forth in Hill v. Colorado, 530 U.S. 703 (2000), should be overruled in light of this Court's holding in…
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.
22-5215 Graham Schiff v. Maryland Maryland 2022-07-28 Denied IFP as-applied constitutional-rights content-based content-based-speech first-amendment free-speech public-concern right-to-counsel Whether the petitioner's speech, which is content-based, on a matter of public-concern, and made while exercising one's right to counsel, is protected…
21-1402 Outdoor One Communications LLC v. Charter Township of Canton, Michigan Sixth Circuit 2022-05-02 Denied Response Waived constitutional-challenge content-based content-based-regulation first-amendment free-speech permit-requirement prior-restraint speech-restriction standing variance-scheme 1. Whether a speaker must first engage in self-censorship to have standing to attack the constitutionality of a prior restraint on its speech. 2. Whe…
21-1172 American Society of Journalists and Authors, Inc., et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2022-02-24 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based content-based-law employment-classification financial-burdens first-amendment function-of-speech independent-contractor purpose-of-speech regulatory-burdens speech-regulation tax-burden Is a law content-based when it imposes financial and regulatory burdens based on the function or purpose of speech? Does a law that has the effect of…
21-7105 Charles E. Sisney v. Denny Kaemingk, Secretary, South Dakota Department of Corrections, et al. Eighth Circuit 2022-02-11 Denied IFP civil-rights constitutional-rights content-based content-based-restriction first-amendment less-restrictive-alternative penological-interest prison-censorship prison-policy turner-factors turner-v-safley 1. It is settled that inmates in state and federal prisons retain First Amendment rights consistent with the application of the four factors set forth…
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 This Court has held that a statute restricting photographs, videos, or sound recordings is presumptively invalid under the First Amendment to the Cons…
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 Artist Lorie Smith is a website designer who creates original, online content consistent with her faith. She plans to (1) design wedding websites prom…
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.
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 Florida Atlantic University has a reporting policy that requires its faculty and staff to disclose outside professional activities to the university…
20-1627 S. S., et al. v. S. B. Pennsylvania 2021-05-21 Denied Amici (3) child-custody content-based content-based-restriction first-amendment free-press free-speech gag-order overbreadth prior-restraint vagueness Is such a "gag order" an unconstitutionally vague and overbroad prior restraint and content-based restriction violating Petitioners' First Amendment f…
20-1111 International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 229, AFL-CIO v. National Labor Relations Board Ninth Circuit 2021-02-12 Denied content-based content-based-restriction first-amendment labor-speech national-labor-relations-act secondary-boycott speaker-based strict-scrutiny union-inducement viewpoint-discriminatory Whether the secondary boycott provision of the National Labor Relations Act prohibiting peaceful and non-coercive Union inducement of workers to leave…
20-1029 City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al. Fifth Circuit 2021-01-28 Judgment Issued Amici (21)Response RequestedResponse WaivedRelisted (3) billboard-regulation content-based content-based-regulation first-amendment free-speech metromedia municipal-law reed-v-town-of-gilbert sign-code strict-scrutiny Austin sign code provisions distinguish between on-premise and off-premise signs based solely on location. From this distinction—and unrelated to what…
19-1029 Bethany Austin v. Illinois Illinois 2020-02-19 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) content-based first-amendment free-speech non-consensual-dissemination privacy revenge-porn strict-scrutiny technology 1. Whether strict First Amendment scrutiny applies to a criminal law that prohibits nonconsensual dissemination of non-obscene nude or sexually-orient…
19-983 Colleen Reilly, et al. v. City of Harrisburg, Pennsylvania, et al. Third Circuit 2020-02-05 Denied Response RequestedResponse WaivedRelisted (3) article-iii-court constitutional-avoidance content-based content-neutrality first-amendment free-speech hill-v-colorado less-restrictive-alternatives reed-v-gilbert speech-restriction standing 1. Whether this Court's holding in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), that laws restricting speech on the basis of its function or purpo…
19-7544 Robert M. Waggy v. United States Ninth Circuit 2020-02-04 Denied Amici (2)IFP constitutional-law content-based content-based-restrictions criminal-law due-process first-amendment free-speech public-concern speech-regulation telephone-harassment Whether a statute that prohibits telephone harassment may, consistent with the First Amendment, prohibit speech on matters of public concern or impose…
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…
19-727 Keepers, Inc. v. City of Milford, Connecticut Second Circuit 2019-12-09 Denied Response Waived civil-procedure civil-rights content-based content-based-speech first-amendment free-speech reed-v-gilbert reed-v-town-of-gilbert rule-60(b) rule-60b strict-scrutiny summary-judgment Whether the district court erred in refusing to grant Petitioner relief from summary judgment based on the Supreme Court's superseding decision in Ree…
19-333 Arlene's Flowers, Inc., dba Arlene's Flowers and Gifts, et al. v. Washington, et al. Washington 2019-09-12 Rehearing Amici (10)Relisted (13) civil-rights compelled-speech content-based first-amendment free-exercise free-speech public-accommodation religious-freedom religious-hostility same-sex-marriage state-action strict-scrutiny Barronelle Stutzman is a Christian artist who imagines, designs, and creates floral art. She serves everyone and sells pre-arranged flowers for use in…
18-1518 Save Tacoma Water v. Port of Tacoma, et al. Washington 2019-06-06 Denied Response Waived ballot-access content-based content-based-restriction first-amendment free-speech initiative-power judicial-veto political-speech prior-restraint vagueness Whether the First Amendment prohibits a state court from enjoining a qualified initiative from appearing on the ballot because the court believes that…
18-1244 David Pickup, et al. v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2019-03-25 Denied Response Waived abrogation civil-rights content-based content-based-regulation content-based-restriction first-amendment free-speech irreparable-harm mandate-recall recall-mandate supreme-court-precedent When this Court ruled that California's Reproductive FAC T Act violates t he First Amendment, National Institute of Family and Life Advocates v. Becer…
18-910 City of San Diego, California v. Public Employment Relations Board California 2019-01-14 Denied Amici (2)Response Waived citizens-initiative civil-rights content-based content-based-restriction first-amendment free-speech government-code pension-reform preemption prior-restraint public-official viewpoint-based Whether California Government Code section 3505, the "meet-and-confer" provision of the California Meyers-Milias-Brown Act [Cal. Gov't Code section 35…