Rosebrock v. Hoffman

(1) Whether government defendants are subject to the same heavy burden of persuasion as all other defendants when they contend that a claim for injunctive relief is moot based on voluntary cessation " which is the rule the First, Eighth, and District of Columbia Circuits utilize " or whether government defendants are entitled to a presumption of good faith that effectively shifts the burden of persuasion on the mootness question to plaintiffs " as eight other circuits have held, including the Ninth Circuit in this case; and (2) whether a request for injunctive relief that would require a defendant to permit a plaintiff to engage in expressive activity that was previously barred in violation of the First Amendment is mooted by the closure of the forum, as the Ninth Circuit concluded, or is a form of available relief and thus not moot, as the Seventh Circuit has held.