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Susan B. Anthony List v. Driehaus

Case Information

Date Filed: October 4, 2010
State: Ohio
Issue: Improper Election Communications
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 1:10-cv-720); U.S. Court of Appeals for the Sixth Circuit (Case 11-3894, 11-3925); U.S. Supreme Court (Case 13-193)

Issue:

1. To challenge a speech-suppressive law, must a party whose speech is arguably proscribed prove that authorities would certainly and successfully prosecute 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?

2. Whether state laws proscribing “false” political speech are subject to pre-enforcement First Amendment review so long as the speaker maintains that the speech is true, even if others who enforce the law manifestly disagree.

Status:

District Court Orders granting motions to dismiss of Ohio Election Commission et al filed 8/1/11. Sixth Circuit opinion filed 5/13/13. Petition for Certiorari filed 8/9/13. Brief of State Respondents in Opposition filed 11/27/13. Reply Brief of Petitioners filed 12/11/13. Petition for Certiorari granted 1/10/14. Brief of Petitioners filed 2/24/14. Argument held on April 22, 2014. Opinion reversing lower court issued June 16, 2014. Motion to expedite opinion filed 7/24/14. Mandate filed 7/24/14. Order by District Court permanently enjoining enforcement of political false-statements law filed 9/11/14. Sixth Circuit Order affirming judgment of District  Court filed 3/6/15.

U.S. Supreme Court Documents

Circuit Court Documents

District Court Documents

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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