NATSO, Inc. v. 3 Girls Enterprises

Issue: (1) Whether a First Amendment objection to a federal district court discovery order requiring the production of private political communications and petitioning strategies by trade associations and their members falls within the Cohen collateral order or Perlman doctrines of appellate jurisdiction, or whether a timely objection to such an order may be raised on appeal only via an extraordinary petition for writ of mandamus; and (2) whether a district court order compelling trade associations and their members to disclose private political communications and petitioning strategies to their political opponents without limitation has so self-evident a chilling effect on First Amendment rights as to trigger First Amendment scrutiny without the need for any additional evidentiary showing.

Briefs and Documents

Certiorari-stage documents

• Opinion below (10th Cir.)
• Petition for certiorari
• Brief in opposition (forthcoming)
• Petitioners' reply
• Amicus brief of American Society of Association Executives, et al.
• Amicus brief of Rutherford Institute