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Amicus Briefs

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  • Amicus Brief: US District Court Should Dismiss the Indictment in US v. Lacey, et al
    Amicus Brief: US District Court Should Dismiss the Indictment in US v. Lacey, et al

    The government may not prosecute a speaker for his or her speech unless and until the government establishes that the speech is not protected.

    May 29, 2019

  • Amicus Brief: Supreme Court Should Hear Montana School Choice Case, Espinoza v. Montana Department of Revenue
    Amicus Brief: Supreme Court Should Hear Montana School Choice Case, Espinoza v. Montana Department of Revenue

    This court should grant the petition to provide legal clarity for the many states seeking to increase educational opportunities for all children.

    April 12, 2019

  • Amicus Brief: Law Enforcement, Without a Warrant, Strip-Searched and Photographed a Four-Year-Old Girl at Her Preschool
    Amicus Brief: Law Enforcement, Without a Warrant, Strip-Searched and Photographed a Four-Year-Old Girl at Her Preschool

    Qualified immunity denies justice to victims of unconstitutional misconduct. It imposes cost-prohibitive burdens on civil-rights litigants. And it harms the very public officials it seeks to protect.

    April 10, 2019

  • Amicus Brief: Mitchell v. Wisconsin
    Amicus Brief: Mitchell v. Wisconsin

    The court should reject Wisconsin’s claim that it can impute consent sufficient to sustain a warrantless search merely from an individual’s choice to drive on the state’s roadways.

    March 4, 2019

  • Amicus Brief: Backpage.com Is Presumptively Protected by the First Amendment
    Amicus Brief: Backpage.com Is Presumptively Protected by the First Amendment

    The government’s unconstitutional seizure of assets and proceeds from Backpage.com and weekly newspapers is an attempt to erode the First Amendment’s carefully erected bulwarks around free expression.

    February 14, 2019

  • Amicus Brief: Abbott v. Pastides
    Amicus Brief: Abbott v. Pastides

    The Supreme Court should make clear that public universities violate the First Amendment by subjecting their students to investigations for having exercised their First Amendment rights.

    January 3, 2019

  • Amicus Brief: St. Bernard Parish Government v. United States
    Amicus Brief: St. Bernard Parish Government v. United States

    This Court should grant the landowners’ petition for certiorari because Judge Dyk’s opinion for the Federal Circuit panel adopted two novel exclusionary rules that are contrary to this Court’s Takings Clause jurisprudence.

    October 23, 2018

  • Amicus Brief: Prison Legal News v. Secretary, Florida Department of Corrections
    Amicus Brief: Prison Legal News v. Secretary, Florida Department of Corrections

    Florida’s censorship of Prison Legal News amounts to an impermissible effort to imprison not only the body but also the mind.

    October 23, 2018

  • Amicus Brief: Delano Farms Co. v. California Table Grapes Commission
    Amicus Brief: Delano Farms Co. v. California Table Grapes Commission

    The point of this brief is to examine how we got to this unusual place and to propose that the Court treat forced subsidies for generic advertising the same way it treats other forced subsidies for speech.

    October 10, 2018

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