Federalist Society Teleforum Conference Call
John G. Malcolm
On Tuesday, April 22, the Supreme Court will hear oral arguments in Susan B. Anthony List v. Driehaus. The Court will answer the following questions: (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. Our expert will attend the oral arguments and offer his impressions to a call-in audience.
- John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
Call begins at 1:00 p.m. Eastern Time.
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