Last Updated: June 5, 2015 at 11:14 AM

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

• Petition for Writ of Certiorari (filed 8/9/13)
• Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Respondents (filed 8/21/13)
• Waiver of right of respondent Steven Driehaus to respond (filed 9/6/13)
• Waiver of right of other respondents to respond (filed 9/11/13)
• Amicus Brief of Institute for Justice and CATO Institute in support of petitioners (filed 9/12/13)
• Distributed for Conference of 10/11/13 (filed 9/25/13)
• Response Requested (filed 9/26/13)
• Order extending time to file response to petition (filed 10/7/13)
• Nov. 5th Letter from counsel of Steven Driehaus (filed 11/13/13)
• Brief of State Respondents in Opposition (filed 11/27/13)
• Distributed for Conference of Jan. 10, 2014 (filed 12/11/13)
• Petitioner's Reply Brief (filed 12/11/13)
• Petition for Certiorari granted (filed 1/10/14)
• Consent to the filing of amicus curiae briefs received from petitioners (filed 2/19/14)
• Consent to the filing of amicus curiae briefs received from State respondents(filed 2/19/14)
• Joint appendix (filed 2/24/14)
• Brief of petitioners (filed 2/24/14)
• Brief amici curiae of Institute for Justice, et al. (filed 2/28/14)
• Brief amici curiae of Cato Institute, and P.J. O'Rourke (filed 2/28/14)
• Brief amici curiae of American Civil Liberties Union, et al. (filed 2/28/14)
• Brief amicus curiae of Bioethics Defense Fund (filed 2/28/14)
• Brief amicus curiae of Southeastern Legal Foundation (filed 2/28/14)
• Brief amici curiae of American Booksellers Association, et al. (filed 2/28/14)
• Brief amicus curiae of the United States (filed 3/3/14)
• Brief amicus curiae of Alliance Defending Freedom (filed 3/3/14)
• Brief amicus curiae of Ohio Attorney General DeWine (filed 3/3/14)
• Brief amicus curiae of Center for Competitive Politics (filed 3/3/14)
• Brief amicus curiae of Student Press Law Center (filed 3/3/14)
• Brief amici curiae of Christian Legal Society, et al. (filed 3/3/14)
• Brief amici curiae of Center for Constitutional Jurisprudence, etl al. (filed 3/3/14)
• Brief amicus curiae of Foundation for Individual Rights in Education (filed 3/3/14)
• Brief amici curiae of Conference of Seventh-Day Adventists, et al. (filed 3/3/14)
• Brief amici curiae of Citizens United, et al. (filed 3/3/14)
• Brief amicus curiae of 1851 Center for Constitution Law (filed 3/3/14)
• Brief amicus curiae of First Amendment Lawyers Association (filed 3/3/14)
• Brief amicus curiae of Republican National Committee (filed 3/3/14)
• Brief amicus curiae of the Government Integrity Fund (filed 3/3/14)
• Brief amicus curiae of Justice and Freedom Fund (filed 3/3/14)
• Solicitor General's Motion to participate in oral argument and for divided argument (filed 3/10/14)
• State Respondents' Brief (filed 3/26/14)
• Driehaus' Motion for Extension of Time (filed 3/27/14)
• Ruling Letter granting motion to extend time (filed 4/1/14)
• Reply of petitioners (filed 4/9/14)
• Motion of Solicitor General for leave to participate in oral argument (filed 4/22/14)
• Opinion (filed 6/16/14)
• Judgment (filed 7/18/14)

Circuit Court Documents

• Opinion (filed 5/13/13)
• Motion to Expedite Opinion (filed 7/21/14)
• Order granting Motion to Expedite Opinion (filed 7/24/14)
• Mandate Issued (filed 7/24/14)
• Briefing Letter (filed 12/30/14)
• Appellant's Brief (filed 2/11/15)
• Appellee's Motion for Extension of Time (filed 2/23/15)
• Letter granting Motion for Extension of Time (filed 2/23/15)
• Opinion and Judgement for Sixth Circuit (filed 3/6/15)

District Court Documents

• Order Granting Motions by Ohio Election Commission, Driehaus, and Husted to Dismiss Susan B. Anthony List's Amended Complaint (filed 8/1/11)
• Order Granting Motion by Ohio Election Commission to Dismiss COAST's Second Amended Complaint (filed 8/1/11)
• Plaintiffs' Motion for Preliminary Injunction (filed 6/20/14)
  • Exhibit
• Plaintiff Coalition Opposed to Additional Spending & Taxes Motion for Preliminary Injunction (filed 7/1/14)
  • Exhibit A
  • Exhibit B
• Plaintiffs' Coalition Opposed to Additional Spending & Taxes' Motion for Summary Judgment (filed 7/9/14)
• Plaintiffs' and Defendants' Joint Motion for Extension of Time (filed 7/9/14)
• Order of Supreme Court (filed 7/21/14)
• Defendants' Stipulation (filed 8/4/14)
• Plaintiffs' Stipulation of Dismissal (filed 8/4/14)
• Defendants' Motion for Summary Judgment (filed 8/7/14)
• Plaintiffs' Reply to Response to Motion for Summary Judgment (filed 8/15/14)
• Plaintiffs' Reply to Response to Motion for Preliminary Injunction (filed 8/15/14)
• Plaintiffs' Amended Document (filed 8/15/14)
• Plaintiff's Response to Motion for Summary Judgment (filed 9/2/14)
  • Exhibit
• Order Enjoining Enforcement of Ohio's Political False-Statements Laws (filed 9/11/14)
• Clerk's Judgment Affirming Order (filed 9/11/14)
• Motion for Extension of Time (filed 10/24/14)
• Order granting Motion for Extension of Time (filed 10/27/14)