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Susan B. Anthony List v. Driehaus

Docket No. Op. Below Argument Opinion Vote Author Term
13-193 6th Cir. Apr 22, 2014
TBD TBD TBD OT 2013

Issue: (1) Whether, to challenge a speech-suppressive law, a party whose speech is arguably proscribed must prove that authorities would certainly and successfully prosecute him, as the Sixth Circuit holds, or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors not to enforce the law, as seven other Circuits hold; and (2) whether the Sixth Circuit erred by holding, in direct conflict with the Eighth Circuit, that state laws proscribing “false” political speech are not subject to pre-enforcement First Amendment review so long as the speaker maintains that its speech is true, even if others who enforce the law manifestly disagree.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 9 2013Petition for a writ of certiorari filed. (Response due September 12, 2013)
Aug 21 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents John Mroczkowski, et al..
Sep 6 2013Waiver of right of respondent Steven Driehaus to respond filed.
Sep 11 2013Waiver of right of respondents Ohio Elections Commission, Charles Calvert, Bryan Felmet, John Mroczkowski, Harvey Shapiro, Jayme Smoot, Degee Wilhelm, Larry Wolpert, Philip Richter, Jon Husted to respond filed.
Sep 12 2013Brief amici curiae of Institute for Justice, et al. filed.
Sep 12 2013Brief amici curiae of 1851 Center for Consititution Law, et al. filed.
Sep 25 2013DISTRIBUTED for Conference of October 11, 2013.
Sep 26 2013Response Requested . (Due October 28, 2013)
Oct 7 2013Order extending time to file response to petition to and including November 27, 2013, for all respondents.
Nov 13 2013Letter of November 5, 2013, from counsel for Steven Driehaus received.
Nov 27 2013Brief of State Respondents in opposition filed.
Dec 11 2013DISTRIBUTED for Conference of January 10, 2014.
Dec 11 2013Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed)
Jan 10 2014Petition GRANTED.
Feb 11 2014SET FOR ARGUMENT ON Tuesday, April 22, 2014
Feb 12 2014Record received from U.S.C.A. 6th Circuit is electronic (Not on PACER).
Feb 12 2014Record received from U.S.D.C. Southern District of Ohio Western Division at Cincinnati is electronic and located on PACER.
Feb 19 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Feb 19 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party , received from counsel for the State Respondents.
Feb 24 2014Joint appendix filed. (Statement of costs filed.)
Feb 24 2014Brief of petitioners Susan B. Anthony List, et al. filed.
Feb 24 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Steven Driehaus, et al.
Feb 28 2014Brief amici curiae of Institute for Justice, et al. filed.
Feb 28 2014Brief amici curiae of Cato Institute, and P.J. O'Rourke filed.
Feb 28 2014Brief amici curiae of American Civil Liberties Union, et al. filed.
Feb 28 2014Brief amicus curiae of Bioethics Defense Fund filed.
Feb 28 2014Brief amicus curiae of Southeastern Legal Foundation filed.
Feb 28 2014Brief amici curiae of American Booksellers Association, et al. filed.
Mar 3 2014Brief amicus curiae of the United States filed.
Mar 3 2014Brief amicus curiae of Alliance Defending Freedom filed.
Mar 3 2014Brief amicus curiae of Ohio Attorney General Michael DeWine in support of neither party filed.
Mar 3 2014Brief amicus curiae of Center for Competitive Politics filed.
Mar 3 2014Brief amicus curiae of Student Press Law Center filed.
Mar 3 2014Brief amici curiae of Christian Legal Society, et al. filed.
Mar 3 2014Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 3 2014Brief amicus curiae of Foundation for Incividual Rights in Education filed.
Mar 3 2014Brief amici curiae of General Conference of Seventh-Day Adventists, et al. filed.
Mar 3 2014Brief amici curiae of Citizens United, et al. filed.
Mar 3 2014Brief amicus curiae of 1851 Center for Consititutional Law filed.
Mar 3 2014Brief amicus curiae of First Amendment Lawyers Association filed.
Mar 3 2014Brief amicus curiae of Republican National Committee filed.
Mar 3 2014Brief amicus curiae of The Government Integrity Fund filed.
Mar 3 2014Brief amicus curiae of Justice and Freedom Fund filed.
Mar 10 2014CIRCULATED.
Mar 10 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 26 2014Brief of respondents State Respondents filed. (Distributed)
Apr 9 2014Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed)
 
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