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Susan B. Anthony List v. Driehaus

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Case Term OT 2013
Category Constitutional Law
Question Presented (1) Whether, to challenge a speech-suppressive law, a party whose speech is arguably proscribed must prove that authorities would certainly and successfully prosecute him, as the Sixth Circuit holds, 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, as seven other Circuits hold; and (2) whether the Sixth Circuit erred by holding, in direct conflict with the Eighth Circuit, that state laws proscribing “false” political speech are not subject to pre-enforcement First Amendment review so long as the speaker maintains that its speech is true, even if others who enforce the law manifestly disagree.
Lower Court's Decision

Outcome - Reverse

Roberts
Robertsremand
Scalia
Scaliaremand
Kennedy
Kennedyremand
Thomas
Thomasremand
Ginsburg
Ginsburgremand
Breyer
Breyerremand
Alito
Alitoremand
Sotomayor
Sotomayorremand
Kagan
Kaganremand