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Supreme Court hands down decision in SBAL v. Driehaus: victory for FTRF!
Posted By Jonathan M. Kelley, Thursday, June 19, 2014
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.

Tags:  litigation  Media Coalition  SBAL v Driehaus  Supreme Court 

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Overview of US Supreme Court arguments in SBAL v. Driehaus
Posted By Jonathan M. Kelley, Wednesday, April 23, 2014
Yesterday the US Supreme Court heard oral arguments in Susan B. Anthony List v. Driehaus, a case in which the Freedom to Read Foundation submitted an amicus brief in February.  The case involves the right to challenge laws, prior to their enforcement, that potential plaintiffs feel could infringe on their First Amendment rights. FTRF wrote about the case in our most recent newsletter.  Yesterday's arguments involved whether Susan B. Anthony List had standing to challenge the constitutionality of an Ohio law on "false" campaign-related speech.

Our friends at Media Coalition have compiled an excellent list of resources to help you understand the case, and the importance of FTRF's involvement:
  • Transcript of oral arguments
  • Q&A with Media Coalition Executive Director David Horowitz
  • SCOTUSBlog has a thorough overview of the oral argument, pointing out that the justices seemed more intent on questioning the constitutionality of the Ohio law than addressing the "standing" question
  • Slate's coverage
  • Wall Street Journal article on Ohio Attorney General Mike DeWine, whose office defended the Ohio elections commission in court even though he submitted a brief challenging the law's constitutionality, as "a representative of the people and the public interest"
  • "And lastly, the case caught the interest of satirist Andy Borowitz, who wrote on his New Yorker column, 'Supreme Court Calls Lying by Politicians an Expression of their Religion.'"
For more information on this case, visit FTRF's Current Litigation page and Media Coalition's SBAL v. Driehaus page, which includes an interactive map of where facial challenges have been brought in federal court.

Tags:  litigation  Media Coalition  SBAL v Driehaus 

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