content-based-regulation

16 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-881 Georgia Association of Club Executives, Inc. v. Georgia, et al. Georgia 2025-02-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) content-based-regulation first-amendment intermediate-scrutiny reed-v-gilbert strict-scrutiny tax-law A Georgia statute imposes a tax that, on its face, singles out businesses defined by the content of their expression; the State seeks to justify the t…
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 …
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…
23-463 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…
22-1196 GEFT Outdoor, L.L.C. v. Monroe County, Indiana, et al. Seventh Circuit 2023-06-09 Denied Response Waived 42-usc-1983 civil-rights content-based-regulation first-amendment free-speech prior-restraint procedural-safeguards speech-licensing zoning-ordinance 1. Can a governmental entity escape 42 U.S.C. § 1983 liability for failing to have procedural safeguards in its speech licensing scheme by—only after …
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…
22-865 Mobilize the Message, LLC, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2023-03-10 Denied Amici (4) campaign-finance campaign-material civil-rights content-based-regulation content-based-restriction first-amendment free-speech independent-contractor independent-contractors political-canvassing political-speech speech-regulation Whether regulating canvassing and the delivery of printed material based on that speech's content, function, or purpose implicates the First Amendment…
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…
21-476 303 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…
20-7780 James Plas Sams v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2021-04-15 Denied IFP civil-rights constitutional-violation content-based-regulation expressive-association first-amendment free-speech group-grievance retaliation The Constitution guarantees a right to expressive association for activities protected by the First Amendment. Similarly, the Constitution limits cont…
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…
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…
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…
18-1235 Joe Ribakoff v. City of Long Beach, California, et al. California 2019-03-22 Denied 1st-amendment civil-procedure civil-rights constitutional-rights content-based-regulation content-based-speech expert-testimony first-amendment free-speech government-speech public-forum speech-restriction 1) Is a rule abridging speech by members of the public at an open public meeting of a city government a presumptively unconstitutional content-based s…
18-1182 Scott Ogle v. Texas Texas 2019-03-12 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) civil-rights content-based-regulation criminal-law criminal-statute due-process electronic-communication electronic-communications first-amendment free-speech intent-standard overbreadth overbreadth-doctrine Does a statute criminalizing electronically communicated speech that is both intended and reasonably likely to annoy, alarm, or embarrass another pers…
18-1073 Tara King, et al. v. Phil Murphy, Governor of New Jersey, et al. Third Circuit 2019-02-15 Denied Response Waived civil-rights content-based-regulation content-based-restriction due-process extraordinary-circumstances first-amendment free-speech irreparable-harm mandate-recall standing supreme-court-precedent takings 1. Whether the Court of Appeals erred when it refused to recall its mandate after this Court explicitly abrogated its opinion by name. 2. Whether a l…