Year
Issue Area
Court
2025
Villarreal v. Alaniz
Question Presented
(1) Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they volunteer; and (2) whether qualified immunity is unavailable to public officials who use a state statute in a way that obviously violates the First Amendment, or instead shields those officials.
2025
Case v. Montana
Question Presented
Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.
2025
Lucid Group USA v. State of Georgia
Question Presented
Whether a Georgia law that prohibits EV manufacturers (with one exception) from selling cars directly to consumers violates the Georgia Constitution’s Due Process, Equal Protection, and Uniformity Clauses because the law is arbitrary and irrational and fails to advance any legitimate state interest in regulating.
2025
Ream v. U.S. Department of Treasury
Question Presented
Whether a federal ban on at-home distilling of spirits—even for personal use—exceeds constitutional limits on the federal government’s powers.
2025
Center for Arizona Policy, Inc. v. Arizona Secretary of State
Question Presented
Whether Arizona’s Prop 211, which requires multi-layer donor disclosure for issue advocacy, violates the First Amendment.
2025
Stovall v. Jefferson County Board of Education
Question Presented
Whether the Copyright Act allows for the withholding of public records under the Kentucky Open Records Act.
2025
Chiles v. Salazar
Question Presented
Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.
2025
Express Scripts v. FTC
Question Presented
Whether the FTC’s administrative prosecution—where it acts as prosecutor and judge of its own cause, invariably ruling for itself—violates the U.S. Constitution, including Article III, and the Due Process Clause of the Fifth Amendment, and whether it is therefore void ab initio and must be enjoined.
2025
Wilcox v. Trump
Question Presented
Whether the President has authority under Article II of the Constitution to remove a Member of the National Labor Relations Board without first having to bear the burden of establishing neglect of duty or malfeasance in office.
2025
Harper v. O’Donnell
Question Presented
Does the Fourth Amendment permit warrantless searches of customer records held by third-party service providers if the records are contractually owned by the customer, or if those records enable surveillance of future behavior? If not, does the third-party doctrine need to be discarded or modified to prevent such searches?
2025
Aaron Richards et al. v. Administration for Children’s Services
Question Presented
Does a family court order, which authorizes Child Services to enter and search an innocent mother’s home and supervise her parenting, violate the mother’s Fourth Amendment right to be free from unreasonable searches?
2025
Oklahoma Statewide Charter School Board v. Drummond
Question Presented
1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.
2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state’s charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.
Amicus Commentary
- All
Freelancing or free speech? California’s AB5 gets speaking professionals coming and going
Threats to free speech can be veiled as restrictions on economic activity. California’s AB5 is the latest example. Many people who don’t prefer traditional office environments have benefited from independent contracting. From freelance photographers to truckers to massage therapists, workers can find freedom in setting their own hours and being their own boss. California took…
Censorship by stealth: Can government officials censor speech by pressuring third parties to do it for them?
For this newsletter, I’m delighted to have Cindy Crawford, AFPF Senior Policy Counsel, take over to discuss censorship by stealth and two upcoming cases in front of the U.S. Supreme Court. – Casey UPDATE: On 5/30/2024, in a win for the First Amendment, the Supreme Court unanimously decided in NRA v. Vullo that government officials…
The Supreme Court can stop unelected bureaucrats and private corporations from imposing taxes
Americans for Prosperity Foundation recently filed a friend-of-the-court brief in the U.S. Supreme Court in Consumers’ Research v. Federal Communications Commission, urging the Court to grant Consumers Research’s cert petition and enforce the Constitution’s system of checks and balances. At issue is the constitutionality of the Universal Service Fund, a social welfare program that subsidizes certain consumers’ telecommunications services at…
Corner Post gives Supreme Court a chance to keep the courthouse doors open to new businesses harmed by stale, lawless regulations
by Michael Pepson Americans for Prosperity Foundation filed a friend-of-the-court brief in the U.S. Supreme Court in Corner Post, Inc. v. The Federal Reserve, urging the Court to allow Corner Post’s challenge to a 2011 debit-fees regulation that Corner Post believes to be beyond the Board’s power. The question presented may seem dry: when does…
303 Creative LLC v Elenis: The Biggest Supreme Court Free Speech Case You Might Not Have Heard About
A small independent website designer in Colorado is getting national attention. Why? The U.S. Supreme Court will hear a case next week about whether the government can force her to say something that goes against her personal beliefs. It’s one of the biggest free speech cases this Supreme Court term. And you may not have…
Tiwari v. Friedlander asks: Is depriving patients of medical services rational?
Commonplace in the market for medical services, certificate-of-need laws prohibit medical providers from practicing or expanding unless they can demonstrate not only “need” for their proposed services but also survive a bureaucratic gauntlet that can take years, cost thousands of dollars, and allow competitors — existing and potential — to challenge the application. The result…
303 Creative LLC v. Elenis asks whether artists can be compelled to speak
Public accommodations laws help ensure a free and open economy. Traditionally, these laws have been applied to, well, public accommodations, such as hotels, or “what the old common law promised to any member of the public wanting a meal at the inn, that accepting the usual terms of service, they will not be turned away…
Congress, not bureaucrats, should make federal criminal law
By Michael Pepson Would it surprise you to know that Congress has granted the Bureau of Land Management (BLM) unfettered power to write its own criminal code governing one-tenth of the land in the United States? A Nevada federal court ruled that Congress unconstitutionally transferred its legislative power to write crimes to the BLM. Last…