On Monday, a unanimous US Supreme Court handed down its opinion
in SBAL v. Driehaus
, a case concerning the ability to bring pre-enforcement (or facial) challenges to laws that could violate First Amendment rights. FTRF was one of several organizations to join an amicus brief
filed in March by Media Coalition
The Court held in this case that the plaintiff's threat of prosecution was "sufficiently imminent" to allow it to move forward. It will now return to the lower courts to proceed on other issues. A full analysis of the opinion is available on SCOTUS Blog.
In a press release
, Media Coalition executive director David Horowitz said, “We are gratified that the Court today recognized the immense harm that can occur when individuals are required to put their liberty at risk in order to vindicate their free speech rights. This decision affirms the principle that a person, organization or business should not have to risk prosecution to challenge the Constitutionality of a law.”
Media Coalition noted that the Court cited Virginia v. American Booksellers Association
, one of many "mini-CDA" internet content cases in which FTRF and other Media Coalition members were plaintiffs, as an example of a case in which a "reasonable fear of prosecution" provided sufficient standing to challenge a statute (that was ruled unconstitutional).
In April, FTRF provided a rundown of oral arguments
in the case. See also our press release from March
after filing the amiucs.