speech-protection
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25A1137 | James Ryan Earl v. Texas | Texas | 2026-04-15 | Application | counterman-v-colorado facial-overbreadth first-amendment speech-protection texas-penal-code-42.07 threatening-communication | Question not identified. | |
| 25-6181 | Graham Schiff v. Warden | Fourth Circuit | 2025-11-20 | Rehearing | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-rights first-amendment habeas-corpus judicial-misconduct speech-protection | I. First Amendment and Certificate of Appealability Standard Whether this Court should grant certiorari —or exercise its supervisory authority —to dir… |
| 24-673 | Randal M. Hall v. Travis Trochessett, et al. | Fifth Circuit | 2024-12-20 | Denied | arrest-basis circuit-split first-amendment interference-statute qualified-immunity speech-protection | 1. Whether the First Amendment can countenance an arrest based on a husband's advice to his wife to take a clearly non-criminal action. 2. Whether th… | |
| 23-6305 | Brendan Hunt v. United States | Second Circuit | 2023-12-19 | Denied | IFP | appellate-review circuit-split constitutional-fact first-amendment free-speech independent-review speech-protection standard-of-review true-threat | A jury's determination that a particular expression constitutes a "true threat" takes it outside the First Amendment. The consequence is that the stat… |
| 23-5902 | Kaleb J. Cole v. United States | Ninth Circuit | 2023-10-27 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-conviction due-process first-amendment free-speech retaliation speech-protection worldview-perception worldviews | 1. Whether the First Amendment/ Post Counterman v. Colorado permits a criminal conviction for retaliatory speech which is inherently threatening not o… |
| 23-282 | Cynthia Stepien, on Behalf of Herself and Her Minor Child, et al. v. Phil Murphy, Governor of New Jersey, et al. | Third Circuit | 2023-09-22 | Denied | Response Waived | civil-rights constitutional-rights due-process first-amendment free-speech pandemic-masking school-restrictions schoolchildren speech-protection state-intrusion | 1. Whether the Court of Appeals erred in refusing to hear the merits of a First Amendment challenge to the forced masking of schoolchildren where the … |
| 22-7397 | Daniel Kim v. Massachusetts | Massachusetts | 2023-04-28 | Denied | Response WaivedIFP | criminal-procedure criminal-speech due-process fighting-words first-amendment free-speech jury-determination jury-instructions speech-protection state-court true-threats | 1. Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, withou… |
| 22-138 | Billy Raymond Counterman v. Colorado | Colorado | 2022-08-11 | Judgment Issued | Amici (20)Relisted (5) | first-amendment free-speech objective-standard reasonable-person speech-protection subjective-intent true-threats | Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively k… |
| 21-1007 | Robert A. Hawkland v. Burke Hall, et al. | Fifth Circuit | 2022-01-18 | Denied | Response Waived | first-amendment free-speech governmental-agency internal-investigation official-duties public-employee retaliation speech-protection | Without hearing any evidence and contrary to the fact-based allegations of petitioner's complaint that his speech was not made within the ordinary sco… |
| 21-497 | T. E. L., a Minor v. Florida | Florida | 2021-10-04 | Granted | Relisted (2) | criminal-statute due-process elonis-v-united-states first-amendment free-speech intent-requirement speech-protection supreme-court-precedent virginia-v-black watts-v-united-states | 1. Whether Florida Statute § 790.162 (2007), which makes it a second degree felony to threaten to "throw, project, place or discharge any destructive … |
| 21-298 | Bobby Wilson v. Phoenix Newspapers, Inc., et al. | Arizona | 2021-08-30 | Denied | Response Waived | context defamation false-publication first-amendment freedom-of-press freedom-of-speech malice media-liability speech-protection | 1. Is a per se false publication that was proven fabricated solely by the defendant sufficient proof alone of malice? Liability for the publication of… |
| 20-1384 | Amy Everett v. Cobb County, Georgia, et al. | Eleventh Circuit | 2021-04-02 | Denied | Response Waived | cease-and-desist civil-rights constitutional-rights custom-and-practice due-process first-amendment free-speech law-enforcement-discretion malicious-prosecution qualified-immunity speech-protection | 1. In the face of clear law, under Reno v. ACLU and traditional categories of unprotected speech, was it error to treat Everett's email s, which she c… |
| 20-5597 | Rory Swenson v. Illinois | Illinois | 2020-09-04 | Denied | Response WaivedIFP | criminal-law first-amendment free-speech intent intent-standard listener-perception speech-protection true-threat true-threats virginia-v-black | May speech that does not contain any expression of an intent to commit an act of unlawful violence be criminalized as a "true threat" unprotected by t… |
| 19-893 | Shimon Waronker v. Hempstead Union Free School District, et al. | Second Circuit | 2020-01-17 | Denied | civil-rights corruption due-process employment-retaliation first-amendment free-speech government-corruption public-employee public-official speech-protection whistleblower | 1. Whether the First Amendment protects the speech by a public official that is required by law and that reports and exposes corruption. 2. Whether s… | |
| 19-285 | Jerud Butler v. Board of County Commissioners for San Miguel County, et al. | Tenth Circuit | 2019-09-03 | Denied | Amici (5) | such that it is entitled to protection under the civil-rights due-process first-amendment free-speech government-speech judicial-proceeding judicial-system judicial-testimony public-concern public-employee speech-protection | Whether a government employee's truthful testimony at a judicial hearing qualifies as speech on a matter of public concern, such that it is entitled t… |
| 18-949 | Jamal Knox v. Pennsylvania | Pennsylvania | 2019-01-22 | Denied | Amici (8)Response RequestedResponse WaivedRelisted (2) | criminal-threat first-amendment free-speech reasonable-person speech-protection subjective-intent terroristic-threats true-threat true-threats | Under Watts v. United States, 394 U.S. 705 (1969) (per curiam), the First Amendment does not protect "true threats." Federal courts of appeals and sta… |
| 18-851 | Bryan Christopher Marshall v. United States | Fourth Circuit | 2019-01-04 | Denied | Response Waived | armed-career-criminal-act categorical-approach criminal-sentencing drug-distribution drug-statute due-process federal-law first-amendment law-enforcement predicate-offense sentencing speech-protection statutory-interpretation | 1. Whether a state drug statute that lists a variety of means by which it can be violated, including one which does not meet the definition of a drug … |
| 18-60 | Amira Olivia Gunn v. North Dakota | North Dakota | 2018-07-11 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment free-speech speech-protection | Whether Gunn was convicted of speech protected by the Free Speech Clause of the First Amendment, applicable to the States under the Due Process Clause… |